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m 


THE  SOCIAL  EVIL 


IN 

NEW  YORK  CITY 


A STUDY  OF  LAW  ENFORCEMENT 


THE  RESEARCH  COMMITTEE 


THE  COMMITTEE  OF  FOURTEEN 


NEW  YORK 

ANDREW  H.  KELLOGG.  CO. 


THE  I^OCIAL  EVIL 

IN 

NEW  YORK  CITY 


A STUDY  OF  LAW  ENFORCEMENT 


THE  RESEARCH  COMMITTEE 


OF 


THE  COMMITTEE  OF  FOURTEEN 


^[EW  YORK  , 
ANDREW  H.  KELLOGG  CO. 
1910 


Com]  Jnts  of 
Trte  Resea  / Com-mlttee  o‘;f 
Tne  Coninii  .ee  of  Fourteen  74- 

MEMBERS  OF 

THE  COMMITTEE  OF  FOURTEEN 

Fpr  the  Suppression  of  the  “Raines  Law  Hotels”  in  New  York  City 


Rev.  John  P.  Peters,  Chairman. 

Mr.  Francis  Louis  Slade,  Treasurer. 

Mrs.  William  H.  Baldwin,  Jr. 

Rev.  Lee  W.  Beattie. 

Hon.  William  S.  Bennet. 

Rev.  William  Adams  Brown. 

Prof.  Francis  M.  Burdick. 

Miss  Frances  A.  Kellor. 

Mr.  Edward  J.  McGuire. 

Rabbi  H.  Pereira  Mendes. 

Mr.  George  Haven  Putnam. 

Mr.  Isaac  N.  Seligman. 

Mrs.  V.  G.  SiMKHOVITCH. 

Hon.  Henry  L.  Stimson. 

Mr.  Frederick  H.  Whitin,  Executive  Secretary. 

RESEARCH  COMMITTEE 


Mrs.  W.  H.  Baldwin,  Jr.,  Chairman. 
Miss  Frances  A.  Kellor,  Secretary. 
Mrs.  V.  G.  SiMKHOVITCH. 

Prof.  Francis  M.  Burdick. 


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ro-^.- er.T 


CONTENTS. 


n ' 


Page 

Preface • xi 

Introduction xiv 

I  Social  Conditions 

The  Tenement  House  Law ! . 1 

Disorderly  House  Laws 22 

The  Liquor  Tax  Law 36 

Dance  Hall  Laws l 53 

II  Protection  of  Women 

The  Cadet  System 60 

Seduction  under  Promise  of  Marriage 67 

Compulsory  Prostitution  of  Wife 68 

Compulsoiy  Prostitution  of  Women 68 

Compulsory  Marriage 69 

Vagrancy 70 

Disorderly  Conduct 70 

III  Modification  of  Penalties  and  of  Procedure  With 

Relation  to  Persons. 

Probation  Laws 78 

Night  Court 85 

IV  Social  Education 

Obscene  Prints  and  Articles 90 

Display  of  Immoral  Pictures 93 

Immoral  Plays  and  Exhibitions 93 

V Family  Relations. 

Marriage  License  Laws 94 

Adulteiy 99 

Midwifery 104 

Abortion Ill 

Sale  of  Drugs 116 

VI  Children. 

Rape 120 

Kidnapping 120 

Abduction 125 

Endangering  the  Life  and  Health  of  a Child 126 

Messenger  Boys 126 

Hours  of  Labor  for  Minors 126 

VII  Industrial  Conditions. 

Employment  Agencies 130 

VIII  Appendices 136 

IX  Tables 199 


APPENDICES. 


Text  of  Laws  and  Eegulations. 

Page 

I.  Tenement  House,  Chapter  334,  Laws,  1901,  Amended  by 

Chapter  99,  Laws  of  1909,  Sections  150-156 137 

II.  Disorderly  House,  Penal  Law,  Section  1146 139 

III.  Public  Nuisance,  Penal  Law,  Sections  1530,  1532,  1533 139 

IIIA.  Public  Nuisance,  Sanitary  Code,  Sections  13,  14 140 

IV.  Disorderly  Person,  Code  of  Criminal  Procedure,  Sections 

899-911 140 

V.  Powers  of  Board  of  Aldermen,  Charter,  Sections  49,  54,  292, 

315,318,327  426,429 141 

VI.  Police  Department  Rules  in  regard  to  Disorderly  Houses. . . 143 

VII.  Liquor  Tax  Law,  Chapter  34  of  the  Consolidated  Laws,  (L. 

1909,  Ch.  39),  Sections  8,  15,  16,  23,  30,  36 144 

VIII.  Hotels,  Definition,  Building  Code,  Section  10 150 

IX.  Dancing  Academies,  Amendment  to  New  York  Charter,  (L. 

1909),  Ch.  400,  Sections  1488-1494 151 

X.  Seduction  under  Promise  of  Marriage,  Penal  Law,  Sections 

2175-2177 152 

XI.  Compulsory  Marriage,  Penal  Law,  Sections  532,  533 153 

XII.  Compulsory  Prostitution  of  Wife,  Penal  Law.  Sections  1090- 

1091 153 

XIII.  Compulsory  Prostitution  of  Women,  Penal  Law,  Section  2460. . 1.54 

XIV.  Vagrants,  Code  of  Criminal  Procedure,  Sections  887,  891,  892. . 155 

XIVA  Vagrants,  Charter  Provisions,  Sections  707-712 157 

XV.  Disorderly  Conduct,  Chapter  410,  Laws  of  1882,  Section  1458.  . 103 

XVI.  Abstract  from  Decision  by  Mr.  Justice  Ingraham  of  the  Ap- 
pellate Division  regarding  the  release  of  Vagrants  and 
Disorderly  Persons  from  the  Workhouse;  together  -^sith 
comments  by  the  Commissioners  of  Accounts 104 

XVII.  Probation,  Code  of  Criminal  Procedure,  Sections  11-a.  483,487  lOo 

XVIIA.  Probation  among  Persons  Con\'icted  of  Public  Intoxication. 

Disorderly  Conduct  or  Vagrancy  in  the  Magistrates’  Courts. 

New  York  City,  Amendment  to  Greater  New  York  Charter, 
Section  707.  (L.  1905,  Chapter  03S,  Sec.  1.) 168 

XVIIB.  State  Probation  Commission,  (Consolidated  Laws  1909,  Chap- 
ter 54,  Sections  30,  31 169 

XVIII.  Night  Session,  Relative  to  City  Magistrates.  Amendment  to 

GreaterNew  York  Charter,  Section  1397-a,  (L.  1907,  Ch.  598)  171 

XVIIIA.  Rules  and  Regulations  of  the  Police  Department,  1908,  ap- 
plicable only  to  the  Night  Coiut  in  Manhattan  and  the 
Bronx 171 


Appendices  Contents 


VII 
Page 

XIX.  Obscene  Prints  and  Articles,  Penal  Law,  Section  1141,  1141a, 

1143 172 

XIXA.  Display  of  Immoral  Pictures,  Code  of  Ordinances,  as  Amended 

1906 174  ■ 

XX.  Immoral  Plays  and  Exhibitions  and  the  Use  and  Leasing  of 

Real  Property  Therefor,  Penal  Law,  Section  1140a 174 

XXI.  Domestic  Relations — Marriage  Licenses.  Domestic  Relations 

Law,  Consolidated  Laws,  Chapter  14,  (L.  1909,  Ch.  19)  ....  175 

XXIA.  Marriage,  Penal  Law,  Sections  928,  1450 178 

XXIB.  Marriages,  New  York  Charter,  Sections  1236,  1239,  1240,  1266  179 

XXIC.  Powers  and  Duties  of  Notaries  Public,  Executive  Law,  Con- 

solidated Laws,  (Ch.  18,  L.  1909,  Ch.  23),  Section  105, 
Subdivision  2 181 

XXID.  Public  Officers,  Penal  Law,  Sections  1854,  1867,  1885  181 

XXII.  Adultery,  Penal  Law,  Sections  100,  103 182 

XXIII.  Regulating  and  Restraining  the  Practice  of  Midwifery  in  the 

City  of  New  York,  Laws,  1907,  Chapter  432,  Sections  1-3.  . 182 

XXniA.  Rules  and  Regulations  Governing  the  Practice  of  Midwifery 
in  the  City  of  New  York,  Board  of  Health  Rules,  Numbered 
1-10 183 

XXniB.  Licenses  and  Permits  for  the  Practice  of  Midwifery,  Sanitary 

Code,  Sections  184,  159 184 

XXIV.  Abortion,  Penal  Law,  Sections  80,  82,  1050,  1051,  1142 185 

XXV.  Sale  of  Cocaine  or  Eucaine  and  Regulations  of  Prescriptions 
for  Opium  and  Morphine,  Penal  Law,  Sections  1533,  1745, 

1746 187 

XXVA.  Regulations  of  the  Sale  of  Cocaine,  Sanitary  Code,  Section  182.  189 

XXVI  Rape,  Penal  Law,  Sections  2010-2012 189 

XXVII.  Kidnapping,  Penal  Law,  Section  1250 190 

XXVIII.  Abduction,  Penal  Law,  Section  70,  71 191 

XXIX.  Children’s  Court,  Penal  Law,  Section  487 191 

XXX.  Endangering  Life  or  Health  of  Child,  Penal  Law,  Section  483, 

484,  486 192 

XXXI.  Messenger  Boys,  Penal  Law,  Sections  488,  490 194 

XXXII.  Hours  of  Labor  of  Minors,  Labor  Law',  Article  II,  Section  161  195 

XXXIIA.  Violations  of  Provisions  of  Labor  Law,  Penal  Law,  Section 

1275 195 

XXXIII.  Employment  Agency  Law',  General  Business  Law,  Consoli- 
dated Law's,  Ch.  20,  (L.  1909,  Ch.  25),  Article  II,  Section 
177 196 

XXXIV.  Assault",  Penal  Law,  Sections  240-245 197 

XXXV.  Penalty  for  a Misdemeanor,  Penal  Law,  Section  1937 197 


APPENDICES, 


Tables. 


Page 


I.  Tenement  House  Department  Records  for  all  Boroughs 200 

II.  Tenement  House  Department  Records  for  Manhattan 201 

III.  Tenement  House  Department  Records  for  Bronx,  Brooklyn, 

Queens,  Richmond 202 

IV.  Record  of  One  Hundred  and  Seventy-five  Cases  showing  time 

which  elapsed  between  the  date  of  complaint  and  final 
report  of  Tenement  House  Department  Officers 203 

V.  One  Hundred  and  Forty-eight  Disorderly  House  Cases  in 
Tenements  in  Manhattan  by  sex  and  nationality  of  Defen- 
dant and  disposition  of  same  in  Essex  Market  Court  Jan- 
uary 1st,  1908  to  October  2nd,  1908 204 

VI.  Twenty-eight  Disorderly  House  Cases  in  Tenements  in  Essex 
Market  Court  held  for  Special  Sessions,  January  1st,  1908 
to  October  2nd,  1908 205 

VII.  Fifty-one  Disorderly  House  Cases  in  Tenements  in  Manhattan 
and  disposition  of  same  in  the  Seventh  District  Court,  Jan- 
uary 1st,  1908  to  October  2nd,  1908 206 

VIII.  Disorderly  House  Cases  in  Tenements  in  Seventh  District 
Court  held  for  Special  Sessions,  January  1st,  1908  to  October 
2nd,  1908 207 

IX.  Thirty-six  Disorderly  House  Cases  in  Tenements  in  Browns- 
ville, Brooklyn  and  disposition  of  same  in  the  Tenth  District 
Court,  January  1st,  1908  to  October  2nd,  1908 208 

X.  Thirteen  Disorderly  House  Cases  in  Tenements,  Brownsville, 
Brooklyn  in  the  Tenth  District  Court,  Januarj^  1st,  to 
October  2nd,  1908 209 

XI.  Disorderly  Conditions  in  Manhattan  by  Police  Precincts  from 
Tenement  House  Department  Records,  January  1st,  1904 
to  October  2nd,  1908 210 


XII.  List  of  One  Hundred  and  Thirty-three  addresses  which  ap- 
peared in  Tenement  House  Department  Records  from 
January  1st,  1904  to  October  2nd,  1908,  and  Personal  In- 
vestigation of  same  during  January,  Februarv,  March  and 
April,  1909 , 212 

XIII.  Disorderly  Conditions  in  Brookljm  from  Tenement  House 

Department  Records,  January  1st,  1904  to  October  2nd,  1908  218 


Tables  Contents 


IX 


Page 

XIV.  List  of  Thirty-four  addresses  which  appeared  in  Tenement 
House  Department  Records  in  Brooklyn  from  January  1st, 

1908  to  October  2nd,  1908  and  Personal  Investigation  of 

thirty 219 

XV.  Workhouse  Records  of  Sixty-eight  Women  sentenced  on  the 
charge  of  violating  Section  150  of  the  Tenement  House 
Law,  January  1st,  1909  to  August  31st,  1909 220 

XVI.  Census  of  One  Hundred  and  Twenty-nine  Tenements  where 
Disorderly  Conditions  prevailed,  January,  February,  March, 
April,  1909 223 

XVII.  Prosecution  of  Disorderly  Houses  in  Manhattan  in  Court  of 
Special  Sessions,  January  1st,  1906  to  December  31st,  1907, 
and  Personal  Investigation  of  same  in  March  and  April,  1909  224 

XVIII.  Arrests  and  Disposition  of  Cases  for  1907  and  1909  on 

Various  Charges  of  Prostitution 227 

XIX.  Disorderly  Houses  in  Manhattan  according  to  reports  of  Police 
Precinct  Captains  from  September  1st,  1908  to  March  1st, 

1909  and  Personal  Investigation  of  same  from  January  1st, 

1909  to  May  31st,  1909 228 

XX.  Disorderly  Houses  in  Brooklyn  according  to  reports  of  Police 
Precinct  Captains  from  September  1st,  1908  to  March  1st, 

1909  and  Personal  Investigation  of  same  from  March  Ist^ 

1909  to  May  31st  1909 229 

XXI.  Prosecutions  of  Disorderly  Raines  Law  Hotels  and  Saloons  in 
Civil  and  Criminal  Courts,  January  1st,  1906  to  August  31st, 

1909 231 

XXII.  Disorderly  Raines  Law  Hotels  in  Manhattan  and  The  Bronx 
according  to  reports  of  Police  Precinct  Captains  from 
September  1st,  1908  to  March  1st,  1909  and  Personal  In- 
vestigation of  same  from  March  1st,  1909  to  May  31st,  1909  238 

XXIII.  Disorderly  Raines  Law  Hotels  and  Saloons  in  Brooklyn,  accord- 
ing to  reports  of  Police  Precinct  Captains  from  September 
1st,  1908  to  March  1st,  1909  and  Personal  Investigation  of 
same  from  March  1st,  1909  to  May  31st,  1909 239 

XXIV.  Magistrates  Court  Records  in  Manhattan  on  Seduction  Cases 

from  Januarj^  1st,  1906  to  December  31st,  1908 240 

XXV.  Disposition  of  Seduction  Cases  in  Court  of  General  Sessions 

and  by  Grand  Jury,  January  1st,  1906  to  June  30th,  1909 ....  241 

XXVI.  Arrests  and  Disposition  of  Two  Hundred  and  Sixty-five  Cases 
of  Men  Arrested  on  Vagrancy  and  Disorderly  Conduct 
Charges  in  the  2nd,  4th,  5th  and  7th  District  Courts,  Sep- 
tember 1st,  1906  to  December  31st,  1908  and  in  the  Night 
Court  from  August,  1907  to  December  31st,  1908 242 

XXVII.  Disposition  of  Cases  against  men  charged  with  Vagrancy  and 
Disorderly  Conduct  in  the  Night  Court  and  Second,  Fourth, 
Fifth  and  Seventh  District  Courts,  January  1st,  1909  to 
August  31st,  1909 243 

XXVIII.  Workhouse  Records  of  men  sentenced  on  charges  of  violating 

the  Vagrancy  and  Disorderly  Conduct  Laws 246 


X 


Tables  Contents 


Page 

XXIX.  Disposition  of  Fifty-six  Abortion  Cases  in  Court  of  General 
Sessions  and  by  Grand  Jurj",  January  1st,  1901  to  June 
30th,  1909  248 

XXX.  Prosecution  of  Midwives  and  Department  of  Health  Records 

from  November  4th,  1908  to  December  31st,  1909 249 

XXXI.  County  Medical  Society  and  Health  Department  Records  of 
Twenty-seven  Midwives  who  advertised  in  Foreign  Papers 
and  Investigation  of  same  in  May,  1909 255 

XXXII.  Miscellaneous  Prosecutions  by  the  County  Medical  Society  on 
Charges  of  Abortion  or  Illegal  Practice  of  Medicine  January 
1st,  1901  to  June  30th,  1909 257 

XXXIII.  Disposition  of  Cases  of  Rape  in  Court  of  General  Sessions  and 

by  Grand  Jury,  January  1st,  1906  to  June  30th,  1909 259 

XXXIV.  Age,  Nationality  and  Occupation  of  Men  Convicted  on  Charge 
of  Rape  in  Court  of  General  Sessions,  Januarj'  1st.  1909  to 
June  30th,  1909 260 

XXXV.  Disposition  of  Cases  of  Kidnapping  in  Court  of  General  Sessions 

and  by  Grand  Jury,  Januaiy  1st,  1906  to  June  30th,  1909 ....  261 

XXXVI.  Disposition  of  Cases  of  Abduction  in  Court  of  Special  Sessions, 

and  by  Grand  Juiy,  January  1st,  1906  to  June  30th,  1909.  . 262 

XXXVII.  Age,  Nationality  and  Occupation  of  Men  Convicted  of  Abduc- 
tion in  Court  of  General  Sessions,  January  1st,  1909  to  June 
30th,  1909 263 


PREFACE. 


In  the  winter  of  1905,  partly  in  pursuance  of  a recommendation 
made  by  the  Committee  of  Fifteen  in  its  report  published  in  1902, 
and  partly  because  of  the  increase  of  those  aspects  of  the  social 
evil  directly  traceable  to  the  “Raines  Law”  hotels,  the  Committee  of 
Fourteen  was  organized  for  the  express  purpose  of  suppressing  such 
hotels. 

Two  years  later  a sub-committee  (now  the  Research  Committee) 
was  formed  by  the  Committee  of  Fourteen  for  the  closer  study  of 
certain  phases  of  the  social  evil  not  directly  within  the  scope  of  the 
general  committee’s  work,  yet  concerning  which  more  definite 
knowledge  seemed  desirable. 

In  1907  this  Committee  planned  and  supervised  a brief  investi- 
gation by  Mr.  William  C.  Engel,  of  the  relation  of  the  magistrates 
courts  to  the  women  of  the  street,  Mr.  Frederick  H.  Whitin,  the 
Executive  Secretary  of  the  Committee  of  Fourteen,  ,at  the  same 
time  making  a study  of  the  disposition  of  disorderly  house  cases  of 
all  kinds  in  the  Court  of  Special  Sessions.  The  resulting  report  was 
submitted  to  Governor  Hughes  with  data  furnished  b}^  other  social 
bodies,  and  bore  considerable  part  in  the  creation  of  the  Commission 
to  investigate  the  courts  of  minor  criminal  jurisdiction  in  cities  of 
the  first  class.  The  report  of  this  Commission  has  just  been  published. 

In  1908  the  Research  Committee  began  the  study,  the  results 
of  which  are  embodied  in  the  following  report. 

The  work  of  investigation  has  been  throughout  in  the  hands  of 
Mr.  George  J.  Kneeland,  assisted  b}''  a number  of  investigators,  both 
men  and  women,  whose  data  have  been  carefully  verified.  The 
material  for  the  section  on  the  Excise  Law  has  been  furnished  by 
Mr.  Whitin,  whose  comprehensive  knowledge  of  facts  made  unneces- 
sary further  investigation  by  the  Research  Committee. 

Acknowledgment  is  also  made  to  Mrs.  Charles  H.  Israels  and 
Miss  Maud  E.  Miner  for  data  and  advice. 

The  Committee  desires,  finally,  to  express  its  obligation  to  the 
citizens  whose  generosity  has  made  this  stud}'  possible. 

When  the  Research  Committee  began  the  following  investiga- 
tion, it  was  with  the  expectation  of  finding  the  laws  fairly  well  en- 
forced. The  truth  has  been  a painful  surprise;  yet,  somber  as  is 
the  picture,  it  is  not  without  hopeful  features.  Intelligent  steps 


XII 


Preface 


towards  improvement  cannot  be  taken  until  existing  conditions 
are  fully  realized.  Moreover,  here  and  there  have  been  found 
officials  who  were  conscientiously  performing  their  duty  in  the  face 
of  great  difficulties  and  with  but  lukewarm  support  from  the  public. 
Here,  in  the  last  analysis,  is  the  crux  of  the  problem, — the  apathy 
of  the  community  itself.  Yet  it  needs  no  Puritan’s  conscience  to 
feel  the  shock  of  existing  conditions.  Rigidly  as  the  Research 
Committee  has  eliminated  from  its  report  all  sensational  matter, 
bare  and  unexaggerated  as  are  the  facts  there  presented,  the  average 
man  in  the  street,  no  better  and  no  worse  than  his  fellows,  cannot 
fail  to  realize  their  serious  import. 

Here  is  no  question  of  the  individual’s  right  to  choose  the  good 
or  evil  course  for  himself.  Here,  rather,  is  a situation  in  which  the 
community  itself,  by  its  indifference  not  only  allows,  but  fairly  forces 
thousands  of  its  children  to  be  born  into  and  to  grow  up  in  an 
atmosphere  so  morally  vitiated  as  practically  to  destroy  all  pos- 
sibility of  choice.  How  choose  the  good  when  little  but  evil 
presents  itself  ? That  more  young  men  and  women  do  not  go  down 
to  utter  moral  and  physical  destruction  is  signal  proof  of  the 
fundamental  wholesomeness  o^  the  human  spirit — for  the  normal 
mind  tends  to  reject  the  poison  of  moral  contamination,  as  the 
normal  body  tends  to  nullify  the  poisonous  effects  of  bad  air  and 
sanitation.  But  who  shall  estimate  the  value  of  the  spiritual  anil 
ph^'^sical  power  so  needlessly  expended? 

Surely,  when  once  the  community  realizes  conditions,  it  cannot 
fail  to  rise  to  the  measure  of  its  responsibility.  Simple,  definite 
improvements  on  which  all  reasonable  people  can  agree  can  be  and 
should  be  made  without  clela}’,  and  these  without  involving  anyrhing 
which  savors  of  impossible  Puritanism. 

The  foity-tw'o  laws,  charter  provisions  and  ordinances  which 
relate  to  the  social  evil  contain  obvious  defects  and  inequalities. 
These  can  be  remedied.  Certain  phases  of  the  matter  are  not  touched 
by  the  law  at  all.  These  can  be  regulated,  and  the  whole  body  of 
law  can  be  simplified,  rendered  intelligible  and  more  readily  enforce- 
able. But  more  important  even  than  reasonable  and  adequate  laws 
is  the  matter  of  their  enforcement.  It  is  entirely  possible  for  pubhc 
opinion  to  demand  and  secure  the  appointment  of  officials  who  shall 
be  free  from  political  or  financial  influence,  and  who  shall  administer 
the  laws  with  intelligence  and  even-handed  justice.  It  is  entirely 
possible  practically  to  rid  our  streets  and  tenements  of  the  social 
evil;  possible  to  force  its  withdrawal  from  the  conspicuous  place 
which  it  occupies  in  the  community  to-day;  possible  to  surround  with 


Preface 


XIII 


wholesome  influences  the  places  to  which  young  people  go  for  innocent 
amusement  and  to  separate  them  from  association  with  the  liquor  traffic 
and  the  social  evil;  possible  to  protect  our  children,  by  enforcement 
of  the  child  labor,  education  and  similar  laws  from  daily  exposure 
to  the  moral  contamination  to  which  many  of  them  are  now  sub- 
jected; possible  to  hound  to  their  undoing  the  unscrupulous  or 
indifferent  business  interests  which  profit  from  the  exploitation  of 
vice,  unwitting  that  their  cupidity  is  a baser  sin  than  the  lust  on 
which  it  iireys. 

It  cannot  be  too  often  repeated  that  the  laws  which  the  com- 
munity really  desires  it  can  secure,  that  the  exact  degree  of  their 
enforcement  which  it  really  desires  it  can  also  secure,  but  the  desire, 
to  be  effective,  must  be  intelligent  and  persistent.  The  will  of  the 
community,  rendered  intelligent  by  full  knowledge  of  conditions 
and  dispassionate  consideration  of  the  elements  in  the  problem, 
must  make  itself  felt  day  in  and  day  out,  week  in  and  week  out,  year 
in  and  year  out,  if  it  would  secure  that  degree  of  moral  integrity 
here  for  which  men  are  striving  in  business  and  political  life. 


INTRODUCTION. 


In  approaching  the  subject  of  the  social  evil  the  distinction  must 
be  kept  in  mind  between,  first,  the  constant  element  which  bears  little 
relation  to  social  and  economic  changes,  to  fluctuations  of  population 
or  to  localities  or  classes,  and  which  is  found  in  a clandestine  relation 
in  which  some  degree  of  regard  is  intermingled,  quite  as  much  as  in 
professional  prostitution;  and,  second,  the  business  of  prostitution, 
which  is  conducted  for  the  profit  of  many  shareholders,  and  which  is 
stimulated  as  a trade  in  other  lines  of  commerce  and  expansion.  This 
is  an  age  of  great  inventions,  of  business  activity  involving  intense 
competitive  struggle,  of  strenuous  effort  to  obtain  wealth  quickly  by 
not  too  scrupulous  means,  with  the  concomitant  obscuring  of  cause 
and  effect.  It  is  an  age  of  spending,  of  the  prevalence  of  a liigh  cost 
of  living  and  a reckless  sacrifice  of  human  life  to  industry.  Youth  is 
gravitating  toward  the  city,  away  from  home,  religious  and  personal 
ideals,  breaking  the  moorings  of  the  past  before  the  newer  social  ideal 
is  grasped.  Freedom  of  thought,  liberty  of  action,  self  expression, 
were  never  more  dominant. 

It  is  inconceivable  that  these  characteristics  of  the  age  should  not 
influence  the  total  moral  fife.  The  economic  and  pohtical  and  indus- 
trial changes  are  resulting  in  a new  body  of  law  which  expresses  a 
growing  social  conscience  with  reference  to  wealth,  power  and  official 
responsibility.  It  has  been  the  purpose  of  the  Research  Committee  to 
study  social  growth  as  expressed  in  the  laws  passed  to  regulate  prosti- 
tution in  its  various  phases,  and  to  ascertain  whether  social  legislation 
in  this  respect  is  keeping  pace  with  industrial  and  political  legislation 
and  similarly  expresses  a developed  consciousness  on  the  part  of 
the  people  toward  moral  integrity. 

Hitherto  most  studies  of  the  social  evil  have  been  made  as  a re- 
sult of  public  protest  against  some  aggravated  conditions,  or  have 
dealt  with  some  especial  manifestation  of  it.  Such  treatment  usually 
gives  a disproportionate  view  of  a subject  having  many  and  varied 
elements  closely  related  to  other  human  activities.  The  ‘‘white 
slave  traffic  ” has  been  the  subject  of  investigations,  treatises  and  re- 
form movement;  the  “Raines  Latv”  hotels  have  been  attacked  by 
themselves;  midwives  have  been  studied  and  regulations  passed. 
These  and  a dozen  other  illustrations  which  might  be  given  of  separate 


Introduction 


XV 


non-co-ordinated  studies  and  movements,  have  not  resulted  in  a com- 
prehension of  the  subject  nor  in  an  intelligent  discussion  or  treatment 
of  it  as  a whole. 

New  York  City,  the  field  studied,  presents  an  unusually  complex 
situation,  and  has  an  extraordinary  responsibility  because  of  this,  and 
by  reason  of  its  relation  to  the  rest  of  the  country.  No  city  in  the 
world  receives  each  year  so  many  persons  of  foreign  nationality,  bring- 
ing continental  standards.  Four-fifths  of  the  stream  of  immigration 
pass  through  this  port,  and  more  than  one-fourth  are  said  to  remain 
here.  The  majority  are  not  familiar  with  city  life  and  temptations,  and 
many  bring  with  them  an  experience  and  point  of  view  not  well 
adapted  to  the  city  strain.  Probably  no  other  city  has  800  private 
employment  agencies,  all  competing  for  fees.  Many  hundreds  of 
young  women,  detached  from  parental  ties  and  children,  come  to  the 
city  alone  from  Europe  or  from  country  districts  looking  for  work,  and 
undertake  single  handed  to  make  their  way.  In  the  small  village  or 
town  there  are  neighbors,  if  not  parents,  whose  opinion  and  good  will 
are  valued;  in  the  city  this  restraint  is  easily  lost.  It  is  stated  that 
there  are  122  blocks  in  New  York  where  the  density  of  population  is 
750  people  to  the  acre..  This  concentration  of  people,  together  with 
the  strenuous  industrial  pace,  absence  of  adequate  facilities  for  re- 
creation, creates  a situation  calling  for  every  safeguard,  moral,  educa- 
tional and  legal,  which  can  be  erected. 

SCOPE  AND  METHODS. 

Believing  that  the  time  has  come  when  courageous,  fair  minded 
citizens  are  willing  to  preserve  moral  integrity  and  conserve  human 
resources  in  the  same  spirit  that  they  are  striving  for  political  and 
business  integrity  and  the  conservation  of  material  resources,  if  the 
conditions  are  fairly,  dispassionately  and  accurately  presented,  the 
Research  Committee  has  approached  the  subject  of  the  social  evil 
from  the  standpoint  of  law-enforcement.  Laws  reflect  the  conserva- 
tive, deliberate,  and,  for  the  most  part,  the  collective  will  of  the  com- 
munity. They  in  a measure  define  the  standard  of  conduct  which  the 
community  thinks  best  adapted  to  its  preservation.  Here  are  recorded 
measures  of  protection  for  the  child,  the  youth,  the  disfranchised 
woman,  and  for  the  family  and  the  community. 

In  making  its  study  of  the  laws  and  their  enforcement,  the  Re- 
search Committee  found  it  necessary  to  cover  five  fields; 

(1)  The  collection  and  classification  of  the  laws  which  regulate  the 
various  phases  of  the  subject.  It  seemed  best,  owing  to  the  uncon- 
stitutionality of  that  section  of  the  immigration  law  regulating  the 


XVI 


The  Social  Evil  in  New  York  City 


white  slave  traffic  and  in  the  absence  of  other  regulations,  to  confine 
the  studjr  to  State  and  Municipal  laws/ 

(2)  The  date  of  the  passage  of  each  law  and  a summaiy  of  the 
conditions  preceding  its  passage,  and  of  the  agencies  influencing  its 
passage,  and  its  subsequent  enforcement.  The  dearth  of  records  and 
of  material  suggests  the  necessity  and  advisability  of  keeping  some 
such  general  social  record  of  legislation. 

(3)  The  study  of  available  department  and  court  records  and  of 
the  reports  of  the  district  attorney  and  of  the  civic  organizations 
interested  in  special  subjects.  These  data  appear  fully  in  the  text 
and  tables. 

(4)  A field  study,  following  that  of  the  records  of  law  enforcement, 
to  determine  something  of  the  effectiveness  of  each  law.  This  was  not 
possible  in  all  cases,  as  some  subjects,  such  as  abortion  and  some  of  the 
crimes  against  children,  did  not  lend  themselves  to  even  an  approxi- 
matelj^  accurate  field  investigation. 

(5)  A survey  (a)  of  the  work  of  benevolent  and  civic  organizations 
interested  in  the  various  phases  of  the  subject  as  it  affects  New  York 
City,  and  (b)  of  the  political  and  other  agencies  which  tend  to 
promote  or  interfere  with  law  enforcement. 

The  data  on  all  these  phases  were  obtained  by  investigators,  under 
the  direction  of  the  Research  Committee,  from  records  and  other  docu- 
mentary evidence  and  by  a direct  study  of  prevailing  conditions.  In 
the  field  investigation,  while  legal  evidence  was  not  required,  addresses 
and  conditions  were  verified  and  in  some  instances  by  more  than  one 
investigator.  The  Research  Committee  has  a directory  of  the  places 
and  persons  which  constitute  the  basis  for  its  report.  Since  the  whole 
city  could  not  be  included,  care  has  been  taken  to  select  typical 
districts.  Although  an  investigation  has  been  made  of  the  so-called 
negro  sections,  it  seemed  best  not  to  include  the  results  in  the  per- 
centages, as  a special  problem  unquestionably  exists  here  with  refer- 
ence to  enforcement.  In  the  study  of  tenements,  those  in  the  Bronx 
and  Brooklyn  were  included,  to  quite  the  same  extent  as  those  on  the 
East  Side.  Wherever  statistical  data  are  lacking,  the  preference  has 
been  to  understate  rather  than  overstate,  in  order  to  remove  all 
grounds  for  the  charge  of  exaggeration,  which  some  citizens  consider 
a justification  for  inaction. 

The  Research  Committee  has  not  attempted  to  ascertain  the 
causes  or  extent  of  the  social  evil,  or  to  deal  with  theories  of  regulation, 
or  with  the  arguments  for  or  against  its  existence.  Upon  none  of  these 
subjects  does  it  offer  data  which  have  been  sought  with  that  end  in 


' For  Federal  regulations,  see  pages  30,  32. 


Introduction 


XVII 


view.  It  has  confined  its  efforts  entirely  to  the  study  of  each  law,  and 
a study  of  so  much  of  the  prevailing  conditions  as  fairly  represents  the 
effectiveness,  defectiveness  and  status  of  that  law.  Its  suggestions 
and  remedies  are  confined  to  the  subject  studied,  namely  the  laws, 
believing  that  on  the  social  and  economic  phases  the  public  will  still 
find  the  Report  on  the  Social  Evil,  by  the  Committee  of  Fifteen,  issued 
in  1902,  most  suggestive,  and  that  many  of  its  important  recom- 
mendations still  await  public  support. 


FINDINGS— LAWS 


The  classification  of  the  laws  falls  into  seven  groups:  Social  condi- 
tions, embracing  the  places  where  prostitution  is  carried  on  or  facili- 
tated; the  protection  of  women;  the  modification  of  penalties  and 
procedure,  in  the  attempt  to  ameliorate  the  conditions  of  unfortunate 
human  beings;  social  education;  the  protection  of  the  family;  and  of 
children;  and  of  those  seeking  work.  It  is  impossible  to  comprehend 
the  subject  of  the  social  evil  without  considering  the  interests  of  these 
various  groups,  and  their  relation  to  each  other. 

Two  law  making  bodies  have  passed  forty-two  laws  on  this  subject. 
Of  these  the  state  legislature  has  passed  thirty-four  statutes  and  the 
Board  of  Aldermen  eight  ordinances.^  The  Local  Boards  of  Improve- 
ment, under  their  powers  to  pass  resolutions,  not  inconsistent  with 
the  powers  of  the  Board  of  Aldermen,  which  take  effect  within  ten 
days  if  not  declared  void  by  the  Mayor,  have  not  used  their  powers  in 


any  way  . 

The  following  classification  shows  the  laws  in  each  group,  there 
being  an  occasional  duplication  where  the  ordinance  applies  to  two 
statutes,  as  the  Building  Code  to  both  the  Excise  and  Dance  Hall  laws. 


Tenement  Houses  { 


Tenement  Houses 


Disorderly  Houses  -I  Public  Nuisance  (Penal  Law) 


( Disorderly  Person 
Disorderly  Place 


Social  Conditions 


Excise  Law 


1 Public  Nuisance,  Sanitary 
[ Code  (Ordinance) 
j Liquor  Tax  Law 
1 Building  Code  (Ordinance) 


Dance  Halls 


^ The  Dance  Hall  Law  has  since  been  declared  to  be  unconstitutional. 
“ See  pages  23,  35. 


XVIII 


The  Social  Evil  in  New  York  City 


Protection  of  Women 


Seduction  under  Promise  of  Marriage 
Compulsory  Marriage 
Compulsory  Prostitution  of  Wife 
Compulsory  Prostitution  of  Women 

TT f Code  of  Criminal  Procediore 

Vagrancy  | York  City  Charter 

Disorderly  Conduct  | New  vLk^aty  Charter 


Modification  of  Penal- 
ties and  Procedure 


[ Probation  Laws 
I Night  Court 


f Code  of  Criminal  Procedure 
•j  New  York  City  Charter 
[ State  Probation  Commission 


Social  Education 


Family  Relations 


Children 


Industrial 


f Obscene  Prints  and  Articles 
-{  Display  of  Immoral  Pictures 
[ Immoral  Plays  and  Exhibitions 


Marriage 

Adultery 

Abortion 

Midwifery 


f Marriage  Licenses 
False  Personation 
J Records,  New  York  City 
1 Charter 
I Notaries  PubUc 
i Public  Officers 


( General  Laws 

J Board  of  Health  Regulations 

1 (City) 

[ Sanitary  Code  (Ordinance) 


' Rape 
Abduction 
Kidnapping 

I Endangering  Life  and  Health  of  Child 
'i  Messenger  Boys 
I Hours  of  Labor  for  Minors 
I Labor  Law 
i Children’s  Court 
Employment  Agencies 


It  is  of  interest  to  note  in  connection  with  the  subsequent  recital 
of  facts  that  both  the  state  and  the  city  are  silent  upon  the  question 
of  diseases  due  to  the  social  evil;  that  boys,  except  messenger  boys, 
are  practically  without  protection;  that  such  places  as  massage  par- 
lors are  not  regulated,  and  other  business  evasions  of  the  law  are  not 
provided  for;  that  industrial  conditions,  as  they  may  be  related  to  the 
subject,  are  barely  recognized.  It  will  also  be  noted  that  no  restrictions 
are  placed  upon  patrons  or  clients,  as  in  gambhng  and  other  laws 
passed  for  the  moral  welfare  of  the  community. 

A comparison  of  the  dates  of  passage  of  the  various  laws  shows 
that  those  penahzing  crimes  against  the  person  rather  than  against 
the  group  were  first  enacted,  as  rape,  abduction  and  seduction,  and 
that  those  against  the  family  are  also  among  the  first  passed,  although 
some  of  the  most  important  provisions  are  later  amendments.  The 
penalty  making  adulteiy  a crime  is  very  recent.  The  disorderly  house 
law  dates  back  several  decades,  as  do  the  laws  regulating  the  publica- 


Intkoductioj^ 


XIX 


tion  and  distribution  of  obscene  literature.  The  laws  which  regulate 
the  change  of  prostitution  from  a personal  matter  to  a highly  im- 
portant social  matter,  are  those  more  recently  passed  which  relate  to 
tenement  houses,  dance  halls,  immoral  exhibitions  and  plays,  mid- 
wifery, compulsoiy  prostitution,  employment  agencies  and  child 
labor. 

Next  in  importance  to  the  passage  of  the  laws  are  the  provisions 
made  for  enforcement.  The  two  determining  factors  are,  first,  the 
machinery  for  enforcement;  and  second,  the  penalties.  The  following 
classification  shows  the  officials  responsible  for  the  enforcement  of 
each  law: 


Tenement  House  Law 


Disorderly  Houses 


Violations 


■I  Complaints 


Prosecutor 

1 

f Disorderly  Persons 
■{  Public  Nuisance 
[ Public  Nuisance 


f Tenement  House  Department 
•{  Inspectors 
( Police  Officers 
f Police  Officers 

J Tenement  House  Department 
I Inspectors 
( Residents 

f Corporation  Counsel  (for  own- 
i ers) 

i Police  for  Tenants 
Police  Officers 
(Penal  Law),  Police  Officers 
(Sanitary  Code),  Health  Of- 
ficers 


Excise  Law 


Prostitution 


Probation 

Obscene  Prints  and 
Articles 

Display  of  Immoral 
Pictures 

Immoral  Plays  and 
Exhibitions 


Marriage 


Abortion 

Adultery 


Liquor  Tax  Law 
Building  Code 


f Police  Officers 

-{  Excise  Department  and  In- 
i spectors 

/ New  York  City  Building  De- 
\ partment  Inspectors 


f Seduction,  (on  complaint)  District  Attorney 
I Compulsory  Marriage,  (on  complaint)  District  At- 
I torney 

■j  Compulsory  Prostitution  of  Wife  / on  complaint, 

I Compulsory  Prostitution  of  Women  \ Dist.  Attorney 
] Vagrancy  j Police  Officers  and  Department 

[ Disorderly  Conduct  \ of  Corrections 

/ Probation  Officers 
f Police  Officers 

(New  York  Society  for  the  Suppression  of  Vice 
■|  Police  Officers 
|_  Postal  Authorities 

/ New  York  Society  for  the  Suppression  of  Vice 
\ Police  Officers 

r New  York  Society  for  the  Suppression  of  Vice  in- 
■j  vestigates  and  makes  arrests  on  warrants 
i Police  Officers 


f City  Clerks 

-j  Board  of  Health  Inspectors 
[ Police  Officers 
/ Coroner’s  Office 
\ On  complaint.  District  Attorney 
On  complaint.  District  Attorney 


/ 


XX 


The  Social  Evil  in  New  Yoke  City 


Midwifery 


Children 


Board  of  Health  Inspectors 


Rape 

Abduction 

Kidnapping 


f (On  complaint,  District  Attorney) 

J Power  to  investigate  and  arrest  is 
j vested  in  the  New  York  Society  for 
[ the  Prevention  of  Cruelty  to  Children 
( Police  Officers 

Endangering  Life  andj  The  New  York  Society  for 
Health  of  Child  j the  Prevention  of  Cruelty 
! to  Children 

Messenger  Boys  District  Attorney  and  Police 
Hours  of  Labor  for  Minors  | 


^ { Department  of  Licenses  Inspectors 


It  appears  that  the  responsibility  is  distributed  among  eight  de- 
partments, including  the  two  state  departments  of  Excise  and  Labor, 
and  one  state  commission.  Probation;  and  five  city  departments, 
including  Tenement,  Building  and  Elealth  Departments,  Department 
of  Licenses  and  Department  of  Correction. 

Prosecuting  officers  are  the  pohce  in  the  Magistrates  Courts,  and 
the  district  attorney  in  other  criminal  courts.  The  Corporation  Coun- 
sel and  Excise  Department  bring  the  civil  suits.  Two  other  officials, 
the  city  clerk,  in  cases  of  marriage  licenses,  and  coroners  in  cases  of 
abortion,  are  responsible  to  some  degree  for  law  enforcement.  In 
addition,  two  private  societies,  by  legislative  enactment,  are  charged 
with  law  enforcement. 

Each  one  of  these  law  enforcement  bodies  keeps  its  own  records, 
for  the  most  part  goes  its  own  way,  and  there  is  no  plan  of  co-orchna- 
tion.  The  Research  Committee  has  been  unable  to  learn  that  any 
conferences  are  held  looldng  toward  some  uniform  enforcement  of 
laws,  or  that  any  effort  is  being  made  to  co-ordinate  the  work,  even 
where  two  or  more  agencies  are  charged  with  the  enforcement  of  the 
same  law.  The  pohce  do  not  alwaj^s  notifj^  the  Tenement  House  De- 
partment of  arrests  in  tenements;  indicted  and  convicted  mid- 
wives are  able  to  obtain  permits;  old  time  vagrants  are  released  on 
cumulative  sentences  or  on  probation  because  of  defective  records; 
the  Department  of  Licenses  scorns  police  or  court  assistance:  +he 
Excise  and  Police  Departments  enforce  the  Excise  law  each  according 
to  its  own  methods;  the  police  ofheers  raid  jilacos,  destroy  property 
without  in  some  cases  making  ain-  arrests,  and  arc  amenable  to  no 
law  in  this  matter.  Throughout  this  report,  further  illustrations 
constantly  occur. 

Through  all  of  this  decentrahzation,  waste  of  authority  and  lack 
of  co-ordination  and  system,  political  pull,  business  interests  and 
human  fellowship  pla}^,  each  striving  to  get  an  offender  off  through 


Introduction 


XXI 


one  channel,  and  failing  there,  trying  another,  or  pitting  one  agency 
against  the  other.  The  multiplicity  of  laws,  division  of  authority, 
shifting  of  responsibility,  waiting  by  one  official  or  department  for 
another  to  act,  create  a situation  which  forms  one  great  source  of  law 
evasion.  One  of  the  best  illustrations  appears  in  the  findings  of  the 
Report  of  the  Commissioners  of  Accounts'  on  the  Night  Court,  and 
others  are  given  throughout  this  report. 

With  the  law  passed,  and  responsible  machinery  in  operation,  the 
next  thing  is  to  know  what  can  be  accomplished  under  the  laws  them- 
selves. This  depends  in  some  measure  upon  the  penalties  imposed, 
and  the  following  classification  shows  these 


Tenement  House 


Disorderly  House 


Liquor  Tax 


Dance  Halls 


f Tenant,  6 months  as  vagrant,  may  be  released 
I under  cumulative  sentence  law  or  placed  on 
•|  probation 
[ Owner,  $i,ooo  lien 
f Keeper,  misdemeanor 
Owner,  public  nuisance,  misdemeanor 
Disorderly  person,  not  exceeding  six  months,  may 
be  released  under  cumulative  sentence,  or 
placed  on  probation 

Police,  for  neglect  to  report,  may  be  tried  on 
charges 

If  in  a Raines  Law  Hotel,  loses  liquor  tax  cer- 
tificate 

' Owner — liquor  tax  certificate  forfeited 

Misdemeanor,  fine  not  less  than  $200  nor 
more  than  $1,200  and  imprisonment  for  not 
j less  than  30  days,  nor  more  than  one  year. 

If  convicted,  no  license  issued  for  one  year 
If  convicted  for  keeping  disorderly  place,  no 
license  for  three  years 

Employees,  two  convictions,  forfeits  certificate  of 
owner 

Pharmacist,  if  convicted,  loses  pharmacist  license 
also 

Misdemeanor,  forfeiture  of  license 


Seduction  | 

Compulsory  Marriage  ■j| 

Compulsory  Prostitution  J 
of  Wife  1 


Imprisonment  not  more  than  5 years  or  fine  not 
more  than  $i  ,000  or  both 
Imprisonment  not  exceeding  10  years,  or  a fine  of 
not  more  than  $1,000  or  both 

Imprisonment  for  not  more  than  ten  years 


Compulsory  Prostitution  j 
of  Women  1 


f 

Vagrancy  -I 


For  placing  women  in  prostitution  or  pa3dng  for 
procuring  them,  fine  of  not  less  than  $1,000  nor 
more  than  $5,000  or  imprisonment  not  less  than 
one  year  nor  more  than  three  years  or  both 
Knowingly  receiving  money  for  procuring,  im- 
prisonment not  exceeding  five  years,  or  fine  not 
exceeding  $1,000 

Imprisonment  not  exceeding  six  months,  modified 
by  cumulative  sentence  law,  sentence  may  be 
suspended,  or  probation  used 


1 Page  88. 

2 The  Appendices  contain  the  full  text  of  the  laws. 


XXII 


The  Social  Evil  in  New  York  City 


Disorderly  Conduct 


Obscene  Prints  and 
Articles 


Display  of  Immoral 
Pictures 

Immoral  Plays  and 
Exhibitions 


Marriage  Licenses 


Marriages 


Adultery 

Midwifery 


Abortion 


Sale  of  Drugs 


Rape 


Kidnapping 


/ Fine  $io,  sentence  may  be  suspended  or  probation 
\ used,  or  bond  for  good  behavior  given 


/ 

1 

I 

/ 

\ 

/ 

1 


Misdemeanor,  imprisonment  not  less  than  lo  days 
nor  more  than  one  year,  or  fine  of  not  less  than 
$50  nor  more  than  Si, 000,  or  both,  for  each 
offense 

Fine  not  less  than  Sio  nor  more  than  Sioo,  or  by 
imprisonment  not  exceeding  10  days 

Misdemeanor 


f Clerk,  misdemeanor.  Si 00  fine  for  every  offense 
I Clergymen  and  others  solemnizing  marriages,  fine 
J not  less  than  S50  nor  more  than  S500  or  im- 
1 prisonment  not  exceeding  one  year 
I Parties  to  or  witnesses  making  false  statements, 
[ perjury 

’ Impersonating  another  in  marriage,  imprisonment 
for  not  more  than  10  years 

Minister  or  Magistrate  performing  illegal  mar- 
riages, misdemeanor 

Person  assuming  to  grant  divorce,  before  contract 
annulled  by  proper  court,  misdemeanor;  first 
offense,  fine  not  exceeding  S500 ; second  offense, 
fine  of  Si, 000  or  imprisonment  not  exceeding 
one  year  or  both 

Officials  and  Persons  solemnizing,  failure  to  keep 
report,  misdemeanor,  fine  of  Si 00 

False  returns,  imprisonment  not  exceeding  one 
year  or  fine  of  not  more  than  S500 

/ Imprisonment  for  not  more  than  six  months  or  a 
\ fine  not  exceeding  S250,  or  both 
/ Misdemeanor 
\ Revocation  of  License 

’ Person  administering  drugs  or  using  instruments, 
imprisonment  for  not  more  than  four  years,  or 
in  county  jail,  not  exceeding  one  year;  or 
manslaughter 

■ Person  selling  or  giving  drugs  or  instruments, 

felon}' 

Person  wilfully  killing  unborn  child  b}'  injuring 
mother,  manslaughter  in  first  degree,  imprison- 
ment not  exceeding  20  years 

Person  advertising  selling  drugs,  medicines  or  in- 
struments, misdemeanor,  imprisonment  not  less 
than  one  year  nor  more  than  ten  3'ears,  or  a fine 
of  not  less  than  S50  nor  more  than  Si. 000,  or 
both 

■ Opium;  Person  permitting  use  of  building,  mis- 

demeanor 

Person  who  refills  prescription,  more  than 
once,  misdemeanor 

Cocaine ; Felony,  imprisonment  for  not  more  than 
one  year,  or  a fine  not  exceeding  Si. 000 
f First  degree — Imprisonment  for  not  more  than  20 
J years 

1 Second  degree — Imprisonment  for  not  more  than 
[ 10  years 

/ Imprisonment  for  not  less  than  5 nor  more  than 
t 50  3'ears 


Introduction 


XXIII 


/ Imprisonment  for  not  more  than  lo  years,  or  a fine 
\ of  not  more  than  $1,000  or  both 

I Misdemeanor 

f Corporation  employing,  misdemeanor,  fine  of  $50, 
•{  recoverable  by  the  District  Attorney 
[ Person  who  obstructs  enforcement,  misdemeanor 
f Misdemeanor,  ist  offense,  fine  of  not  less  than  $20 
I nor  more  than  $50;  2nd  offense,  fine  of  not  less 
j than  $50  nor  more  than  $200,  or  imprisonment 
] for  not  more  than  30  days,  or  both;  3rd  offense, 

I fine  of  not  less  than  $250,  or  imprisonment  for 
not  more  than  60  days,  or  both 
( Fine  of  not  less  than  $50  nor  more  than  $250,  or 
■j  imprisonment  for  not  more  than  one  year,  or 
[ both;  revocation  of  license 

An  analysis  shows  that  the  penalties  imposed  are  of  four  kinds; 
Fines,  imprisonment,  loss  of  business  permit,  and  of  tenure  of  office. 
In  fifteen  instances  the  offenses  are  classed  as  misdemeanors.  These 
include  all  of  the  four  laws  affecting  social  conditions,  namely,  tene- 
ments, disorderly  houses,  saloons  and  dance  halls,  the  three  affecting 
social  education,  four  affecting  the  family,  three  affecting  children, 
and  the  one  industrial  law.  The  table  shows  that  few  drafters  of 
bills  have  been  content  with  the  penalty  which  a misdemeanor  carries, 
namely,  imprisonment  not  exceeding  one  year,  or  a fine  not  exceeding 
$500,  or  both,  but  have  modified  it  by  increasing  or  limiting  the  maxi- 
mum.^ Among  other  things  this  method  has  resulted  in,  is  that  for 
two  offenses  fines  are  imposed  but  no  imprisonment. 

In  the  class  of  felonies  there  are  ten  laws,  relating  entirely  to  the 
protection  of  women,  of  the  family  and  of  children.  Of  these,  six  are 
punishable  by  both  fines  and  imprisonment,  and  the  remaining  four 
by  imprisonment  only.  These  latter  are  rape,  kidnapping,  compul- 
sory prostitution  of  wife  and  impersonating  another  in  marriage. 
The  same  juggling  with  the  penalty  is  also  apparent  here.  In  four 
instances  the  burden  is  made  to  fall  upon  the  business,  by  the  revo- 
cation of  the  permit,  namely,  for  the  sale  of  liquor,  to  conduct 
dance  halls,  employment  agencies  and  to  practice  pharmacy.  In 
three  instances  officers  are  burdened  with  responsibility — the  city 
clerk  who  issues  marriage  licenses,  inspectors  of  the  health  depart- 
ment who  report  births,  deaths  and  marriages,  and  police  officers,  all  of 
whom  may  lose  their  positions  for  failure  to  enforce  the  laws. 

It  is  apparent  from  this  analysis,  that  little  care  is  exercised  to 
impose  similar  penalties  for  similar  offenses  or  to  make  them  fit  the 
crime.  In  some  cases  they  are  so  light  as  to  be  farcical,  and  in  others 
so  severe  that  judges  hesitate  to  impose  them.  Some  curious  dis- 
criminations occur  as  in  the  abortion  law,  between  those  who  acl- 


Abduction 

Endangering  Life  or 
Health  of  Child 

Messenger  Boys 

Hours  of  Labor  for 
Minors 

Employment  Agencies 


For  provisions  of  law,  see  Appendix  XXXV. 


XXIV 


The  Social  Evil  in  New  York  City 


minister  drugs  or  use  instruments,  those  who  sell  or  give  drugs  or 
instruments  and  those  wilfully  killing  an  unborn  child,  by  injury  to 
the  mother.  One  result  of  the  discrepancies  in  penalties  is  that  the 
same  offense  may  be  tried  under  any  one  of  several  charges  and  the 
one  carrying  the  lightest  penalty  selected.  As  an  illustration,  the 
compulsory  prostitution  laws,  cariying  heavy  penalties,  are  ignored, 
while  vagrancy  and  disorderly  conduct  are  substituted,  with  verr'  light 
penalties  which  can  be  shortened  by  the  cumulative  sentence  law. 
The  police  officer  maldng  the  arrests  selects  the  charge. 

A number  of  serious  defects  are  apparent.  How  much  this  is  due 
to  the  law,  and  how  much  to  the  magistrate’s  interpretation  is  not 
always  clear.  In  a letter  addressed  to  Magistrate  Harris,  Mayor 
Gaynor  says  on  this  point; 

See  to  it  on  the  other  hand  that  arrested  persons  are  not  discharged  when 
they  should  be  held.  It  is  very  discouraging  to  the  police  to  have  ^Magistrates 
discharge  prisoners  against  whom  ample  evidence  of  crime  is  presented. 
And  the  same  is  true  in  the  case  of  minor  offenses. 

If  an  officer  sees  a woman  in  the  street  ogling  man  after  man  and  speaking 
to  them,  and  arrests  her  as  a disorderly  person,  it  is  deplorable  to  see  a 
magistrate  discharge  her  on  the  ground  that,  as  the  policeman  did  not  hear 
what  she  said  to  the  men,  there  was  no  evidence  that  she  solicited.  Her 
actions  are  evidence  of  it  sufficient  to  put  her  to  her  explanation  or  defense. 
Words  are  not  necessary. 

In  the  same  way,  it  seems  to  be  a common  thing  to  discharge  a liquor 
dealer  against  whom  the  evidence  is  that  a person  ordered  whiskey  of  him 
and  that  in  response  he  furnished  something  as  whiskey.  It  is  said  that  this 
furnished  no  evidence  that  the  drink  was  whiskey,  which  entirely  overlooks 
that  the  production  of  it  as  whiskey  by  the  defendant  is  an  admission  by  him 
that  it  was  whiskey.  It  is  not  necessary  to  have  a whiskey  expert  testify 
that  it  was  whiskey.  I could  multiply  similar  fooleries,  but  these  suffice  for 
illustration. 

One  of  the  most  serious  instances  of  such  an  interpretation  of  the 
meaning  of  the  law  is  the  evidence  required  in  tenement  house  cases', 
where  judges  rule  that  exposure  of  ^lerson  is  necessary  for  conviction. 
This  practically  excludes  tenants,  neighbors  and  reputable  citizens 
from  testifying,  and  subjects  police  officers  and  department  inspectors 
to  temptation  and  humiliation,  which  no  communitj*  should  tolerate. 

On  the  other  hand,  a number  of  laws  are  rendered  practically  in- 
operative because  corroborative  evidence  is  required  under  almost 
impossible  conditions,  as  in  rape  and  seduction.  The  Federal  laws 
attempting  to  regulate  the  white  slave  traffic  are  not  hampered  by 
such  limitations  of  evidence.  Year  after  year  new  statutes  are  added 
with  no  change  in  the  evidence  required,  and  simply  encumber  the 
statute  books,  and  mislead  the  public  into  believing  that  adequate 
protection  has  been  provided. 


* See  page  14. 


IXTHODUCTION 


XXV 


Drastic  bills  regulating  some  phase  of  the  social  evil  are  usually 
drafted  following  some  outburst  of  indignation  on  the  part  of  the 
public,  and  are  hurriedly  thrown  together  and  rushed  through,  with- 
out reference  to  what  already  exists  or  is  lacking,  and  with  no  super- 
vising body  of  any  kind  to  take  the  matter  under  advisement.  In- 
deed, reputable  citizens  are  misunderstood  if  they  oppose  such  bills. 
This  is  not  true  with  other  social  legislation.  The  tenement  house 
law,  child  labor  laws,  and  others  have  their  watch  dogs,  and  nothing 
can  be  added  or  eliminated  without  the  most  careful  scrutiny  and 
discussion. 

The  laws  chiefly  relied  upon  to  regulate  the  social  evil  are  va- 
grancy, disorderly  conduct,  disorderly  persons,  and  keeping  a disor- 
derly house.  These  are  applied  chiefly  to  practitioners  and  not  to 
profit  sharers.  They  are  enforced  largely  against  women.  So  long 
as  this  discrimination  exists,  its  very  injustice  prevents  law  enforce- 
ment. Public  indignation  immediately  makes  itself  heard  against  a 
boycott  law  enforced  only  against  employers,  or  against  a trust  law 
applied  to  only  one  class  of  trusts.  Only  ignorance  of  the  practice  can 
explain  the  toleration  of  this  injustice  to  women,  and  the  leniency  of 
the  judges  reflects  this  latent  sense  of  justice. 

FINDINGS CONDITIONS  AND  LEGAL  REMEDIES. 

The  following  is  a summaiy  of  the  conditions  found  and  the  legal 
remedies  deemed  necessary  to  make  each  law  more  effective.  The 
Research  Committee,  in  making  these  recommendations,  does  not  go 
on  record  as  advising  that  these  laws  be  continued  in  force,  or  that 
they  are  the  most  effective  way  of  dealing  with  the  problem,  but  sim- 
ply that  they  record  a decision  of  the  public,  designed  to  acconpilish 
certain  ends,  and  to  point  out  in  what  particular  the  law  defeats  this 
registered  opinion.  Having  pointed  out  the  need,  it  is  for  the  com- 
munity to  decide  to  amend  the  law,  or  to  repeal  it  if  it  no  longer  ex- 
presses its  conviction.  It  must  also  be  remembered  that  in  estimating 
the  effectiveness  of  a law,  its  restraining  power  cannot  be  measured 
as  can  its  punitive  power.  This  is  a considerable  element  in  checldng 
crime  as  may  be  seen  where  police  inspectors  keep  their  districts 
under  control  by  surveillance  or  threats.  This  stud}^  can  necessarily 
only  include  what  has  been  done  through  the  invoking  of  each  law. 

Tenement  House  Law. — 1,355  complaints  for  iirostitution  have 
been  filed  with  the  Department  since  it  was  created;  not  one  owner  or 
agent  has  had  a court  proceeding  brought  against  him,  and  no  pub- 
licity has  attached  to  his  ownership.  The  Department  has 
knowledge  of  but  one-third  of  the  existing  cases,  the  Police  report 


xxvr 


The  Social  Evil  in  New  York  City 


but  25  per  cent,  of  the  arrests  in  tenements  to  the  Department,  the 
Department  has  been  successful  in  but  44  per  cent,  of  the  houses  it 
has  “ cleaned  up.”  The  ratio  of  convictions  is  small  to  the  arrests,  and 
but  28  per  cent,  of  the  women  serve  their  full  sentences.  The  average 
time  taken  to  "clean  up”  a place  is  eleven  days.  The  population 
affected  by  disorderly  conditions  in  129  tenements  numbered  1,521 
families.  In  65.9  per  cent,  of  the  cases  of  women  arrested  for  im- 
morality, they  were  so  disposed  of  that  they  were  in  a position  to 
immediately  return  to  the  street. 

Remedies. — ^That  there  be  created  a special  inspectorship  or  divi- 
sion in  the  Tenement  House  Department  which  shall  have  charge  of 
violations  of  these  sections,  shall  facilitate  co-operation  with  the  police 
and  obtain  court  records,  follow  up  supposedl}'  "cleaned  up”  places, 
and  proceed  against  owners  and  agents  as  the  law  provides.  Nothing 
short  of  determined  and  intelligent  effort,  specifically  directed  to  this 
evil,  w'ill  better  conditions.  Public  opinion  should  make  its  influence 
felt  upon  the  magistrates  who  interpret  the  rule  of  evidence  so  at 
variance  with  the  specific  wording  of  the  law,  or  the  law  should  be 
amended  in  this  respect. 

Disorderly  Houses. — The  number  decreased  from  1907  to  1909. 
In  76  per  cent,  of  the  cases  of  disorderl}^  houses  known  to  the  police, 
disorderly  conditions  continued  unchecked,  and  but  42  percent,  found 
bj"  the  investigators  were  carried  on  the  police  captains’  reports. 
"Police  surveillance”  consists  in  many  instances  of  warnings  to  pa- 
trons, allowing  places  to  run  quietly,  or  ignoring  patrons  who  enter. 
Of  7,054  persons  arraigned  in  1909,  but  148  were  keepers  of  disor- 
derly houses,  and  109  were  inmates.  Massage  parlors  and  “Raines 
Law”  hotels  have  taken  the  place  of  a number  of  disorderly  houses. 
In  but  few  instances  had  the  owner  been  served  with  liability  notices. 
A majority  of  the  persons  arrested  in  connection  with  disorderly 
houses  are  women.  Some  of  the  suspicious  places  have  policemen 
stationed  outside  to  watch  them  long  after  they  are  deserted. 

Remedies. — Greater  interest  and  activity  on  the  part  of  the  Board 
of  Aldermen  and  Local  Improvement  Boards.  Abolition  of  the  sur- 
veillance system  which  carries  with  it  in  many  instances  protection. 
Amendment  regulating  massage  parlors.  Abolition  of  raids  where 
property  is  destroyed  and  no  arrests  made.  Abolition  of  soliciting  by 
men  and  women  in  connection  with  such  houses.  Flagrant  adver- 
tising of  prostitution  should  be  rigidly  prohibited.  Penalizing  men 
as  well  as  women,  for  the  burden  should  not  fall  wholly  upon  the 


Introduction 


xxvn 


latter.  Use  of  the  public  nuisance  laws,  which  are  now  wholly 
ignored. 

Liquor  Tax  Law — “Raines  Law  hotels”  make  vice  easier.  They 
are  protected  by  liquor  interests;  divide  soliciting  and  prostitution, 
tempt  men  and  women  to  drink  as  well  as  to  immorality,  combine 
recreation  with  vice,  and  perpetuate  the  rake-off  or  graft  system  be- 
tween hotel,  liquor  and  other  business  interests  and  the  prostitute. 
Of  the  625  actions  brought  against  152  hotels,  26  per  cent,  were  dis- 
missed, and  25  licenses  were  forfeited.  As  a result,  18  of  the  152  have 
discontinued  the  sale  of  liquor,  41  are  closed  and  improvements  were 
made  in  28  other  places,  showing  an  improvement  of  50  per  cent. 
320  alleged  disorderly  hotels  still  exist,  67  per  cent,  of  the  hotels  car- 
ried as  suspicious  by  the  police  were  found  to  be  disorderly,  and  but 
54  per  cent,  of  the  actual  number  found  were  carried  by  the  police. 

Remedies. — ^The  law  should  be  enforced  by  one  responsible  body, 
not  two,  preferably  the  Excise  Department,  and  the  appropriation 
should  be  increased  and  number  of  agents  enlarged  to  take  care  of  the 
matter.  There  should  be  a limitation  of  the  number  of  saloons,  based 
on  the  population,  lto500  or  to  1,000.  The  hotel  requirements  should 
be  increased  to  25  rooms.  The  burden  of  proof  should  be  on  the  de- 
fendant, in  accordance  with  a recent  decision  which  held  that  liquor 
dealing  was  a hazardous  traffic  to  the  state.  The  dealer  should  there- 
fore convince  the  state  that  the  minimum  of  risk  obtains  in  his 
business  as  he  conducts  it. 

Dance  Halls. — A visit  to  73  dance  halls  in  1908  showed  49  con- 
ducted in  connection  with  the  sale  of  liquor,  22  being  “Raines  Law” 
hotels.  In  1909,  161  out  of  273  dance  halls  were  in  the  rear  rooms  of 
saloons,  and  112  in  buildings  in  some  part  of  which  liquor  was  sold. 
With  few  exceptions,  women  who  dance  are  expected  to  drink;  little 
supervision  is  maintained  over  the  character  of  the  persons  who  fre- 
quent these  halls;  they  are  frequented  by  procurers  and  prostitutes, 
’ and  dances  in  them  are  run  by  gangs  of  “toughs.”  A hall  used  for  a 
respectable  dance  one  night  may  be  sublet  for  a disreputable  dance, 
and  the  patrons  cannot  protect  themselves. 

Remedies. — The  present  law,  having  been  declared  unconstitu- 
tional, there  is  no  protection  and  a new  law  should  be  passed,  regu- 
lating dancing  academies  and  halls,  separating  amusement  from  the 
sale  or  use  of  liquor,  and  safeguarding  patrons  from  association  with 
prostitutes  and  procurers. 

The  “Cadet”  System.  ' — Prostitution  as  carried  on  in  New  York 
requires  the  services  of  procurers  and  protectors.  These  secure 
women,  protect  them  while  at  work  and  help  them  to  avoid  punish- 


XXVIII 


The  Social  Evil  in  New  York  City 


ment  and  evade  serving  sentences.  Immoral  women  are  considered 
to  be  without  caste  in  their  profession,  if  they  work  alone,  and  are 
quickly  arrested.  Street  gangs,  political,  social  and  athletic  clubs 
bear  a close  relation  to  this  system.  The  records  of  152  seduction 
cases  show  that  75.6  per  cent,  were  discharged.  Two  cases  have  been 
brought  under  the  compulsoiy  prostitution  laws  since  their  passage, 
and  none  under  compulsoiy  marriage.  Vagrancy  and  disorderly  con- 
duct laws  are  largely  used  to  deal  with  the  “cadet.”  Of  265  men 
tried  on  these  charges,  31.9  per  cent,  were  discharged,  44.8  per  cent, 
sent  to  the  workhouse,  18.9  per  cent,  fined,  and  6.4  per  cent,  were 
released  on  probation  or  good  behavior  bonds.  One-third  of  those 
sent  to  the  workhouse  served  their  full  time. 

Remedies. — ^The  four  laws.  Seduction  under  Promise  of  Marriage, 
Compulsory  Marriage,  Compulsory  Prostitution  of  Women,  and  of 
Wife,  will  remain  inoperative  until  the  rule  of  evidence  is  changed, 
and  the  penalties  correspond  to  those  for  offenses  of  equal  social 
magnitude.  The  charter  provisions  nullifying  the  effect  of  these  laws 
in  a cumbersome  way  should  be  abolished  for  both  men  and  women. 
Some  means  of  identification  should  be  established  which  would  make 
it  impossible  to  parole  old  offenders. 

Probation. — Probation  is  used  to  secure  the  release  of  old  offenders 
and  to  nullify  the  effect  of  the  vagrancy  law.  This  is  easih'  done, 
because  there  is  no  means  of  identification,  httle  probationary  over- 
sight, and  probation  reports  are  perfunctory.  Out  of  400  defendants 
placed  on  probation,  for  220  there  was  no  information  on  the  records, 

39  absconded,  and  39  were  permitted  to  leave  the  citvv  An  investi- 
gation of  182  cases  showed  that  114  were  not  known  at  the  address, 

40  had  moved,  but  the  new  address  was  unrecorded,  and  a number  of 
other  addresses  were  not  residences. 

Remedies. — A probation  S5^stem  is  needed,  with  a chief  probation 
officer,  as  an  enforcing  and  controlling  agency,  co-ordinated  and  having 
complete,  adequate  and  accurate  records  and  means  of  identification; 
probation  officers  to  be  civilians  and  not  poKce  officers.  Abolition  of 
probation  for  old  offenders  is  necessary  if  the  effectiveness  of  other 
laws  is  not  to  be  impaired. 

Night  Court. — It  has  seriously  interfered  with  bail  bonds,  as  was 
its  purpose,  but  the  disposition  of  cases  does  not  vaiy  from  that  in 
other  courts,  37  per  cent,  being  discharged,  44.5  per  cent,  fined,  6.4 
per  cent,  placed  on  probation  or  released  on  good  behavior 
bonds. 

Remedies. — Extension  of  the  Night  Court  to  other  boroughs,  and 
separate  courts  for  men  and  women,  ivith  suitable  detention  places. 


Introduction 


XXIX 


convenient  to  the  courts.  Here  can  be  established  an  adequate 
identification  system. 

Social  Education. — These  three  laws  relating  to  obscene  prints  and 
articles,  indecent  pictures  and  posters,  and  immoral  plays  and  exhi- 
bitions serve  as  preventives  of  the  distribution  of  vicious  literature. 
The  first  is  the  best  enforced.  The  other  two  have  not  been  fairly 
tested,  and  might  be  much  more  widely  applied  than  at  present. 

Remedies. — Severer  penalties,  more  responsibility  upon  the  police, 
and  appropriations  to  duly  constituted  authorities  rather  than  to 
private  societies  to  carry  out  the  enforcement. 

Marriage  Licenses. — (l)  The  law  requiring  a license  seems  to  be 
working  well,  but  an  appropriation  to  enable  the  county  clerk  to  make 
investigations,  follow  up  records,  and  cases,  would  increase  the  effi- 
ciency of  the  bureau.  Some  evasions  of  the  law  which  still  exist  would 
then  be  brought  to  the  knowledge  of  the  clerk.  (2)  The  Charter  pro- 
visions requiring  marriage  returns  to  the  Board  of  Health  would  be 
better  enforced  if  they  were  transferred  to  the  marriage  license  bureau. 
(3)  The  law  penalizing  a person  for  falsely  personating  another  in 
marriage  is  practicall}^  never  invoked,  partly  because  of  the  drastic 
punishment  imposed,  which  is  out  of  proportion  to  that  for  similar 
offenses.  (4)  Fraudulent  acts  of  notaries  public  in  the  acknowledg- 
ment of  marriage  certificates  should  be  punishable  as  a misdemeanor 
in  addition  to  the  loss  of  office. 

Midwifery. — This  law  and  the  provisions  adopted  by  the  Board 
of  Health,  have  resulted  in  a decrease  in  the  number  of  midwives,  and 
in  improved  sanitary  conditions.  Lack  of  co-operation  between  de- 
partments results  in  midwives  with  criminal  records  receiving  li- 
censes; advertisements  of  such  midwives  are  still  j^ublished,  and  23 
out  of  27  midwives  who  so  advertised  agreed  to  commit  abortion. 
Schools  of  midwifery  flourish,  and  a number  of  their  graduates  are 
among  those  having  criminal  records.  Coroners’  records  show  that  in 
proportion  .to  the  number  of  abortions  recorded,  but  few  arrests  or 
convictions  are  made,  and  that  acquittals  are  proportionately  very 
large.  Although  one  conviction  has  been  obtained,  the  public 
nuisance  law  is  not  applied  to  places  kept  by  midwives. 

Remedies. — Doubtless  an  increased  appropriation  would  increase 
the  efficiency  of  the  Board  of  Health,  as  the  powers  are  adequate  and 
the  procedure  seems  well  designed  to  control  the  situation.  The 
County  Medical  Society  stands  ready  to  assume  the  burden  of  prose- 
cutions, and  eternal  vigilance,  made  possible  by  an  adequate  appro- 
priation. is  needed. 


XXX 


The  Social  Evil  in  New  York  City 


Abortion. — The  number  is  constantly  increasing,  and  the  law  is 
practically  inoperative.  The  combined  efforts  of  the  police,  district 
attorney,  coroners.  Department  of  Health,  County  Medical  Society 
and  the  Society  for  the  Suppression  of  Vice,  have  resulted  in  the  trial 
of  but  25  abortion  cases  in  two  years,  and  of  these  but  5,  or  20  per 
cent.,  were  convicted.  Advertisements  for  this  purpose  of  drugs  and 
by  midwives  are  freely  published. 

Rernedies. — ^The  difficulty  of  obtaining  evidence,  especially  against 
physicians,  cannot  be  remedied  by  amendments  to  the  law,  but  pro- 
visions against  midwives,  physicians  and  others  who  advertise  and 
against  druggists  who  sell  drugs  could  be  strengthened  and  an  appro- 
priation given  to  the  Health  Department  for  the  enforcement  of 
these  laws. 

Sale  of  Drugs. — The  laws  regulating  the  disposal  and  use  of  oiiium 
and  cocaine  are  totally  inadequate,  and  should  be  revised  to  meet  the 
ravages  of  these  drugs,  especially  cocaine.  Its  use  should  be  pro- 
hibited, even  by  physicians,  except  where  absolutely  necessarju  The 
sale  of  drugs  to  messenger  boys  who  act  as  the  agents  for  disorderly 
houses,  should  be  prohibited.  Although  cocaine  is  commonly  used  by 
immoral  women,  there  were  but  28  persons  tried  for  violating  the  law, 
and  of  these  16  were  convicted.  A record  of  the  sale  of  cocaine  for 
the  period  studied,  by  only  a few  of  the  prominent  druggists  showed 
that  6,045  ounces  were  disposed  of.  In  the  face  of  the  increasing 
dangers  from  the  use  of  these  drugs,  it  is  of  interest  to  know  that  the 
Health  Department  relies  largely  on  private  funds  to  enforce 
this  law. 

Rape,  Kidnapping  and  Abduction.— These  laws  show  a largo  num- 
ber of  prosecutions,  there  having  been  433  cases  of  rape,  14  cases  of 
kidnapping,  and  141  cases  of  abduction,  in  three  years.  21.2  per  cent, 
of  the  rape  cases,  28.5  per  cent,  of  the  kidnapiiing  cases  and  34.3  per 
cent,  of  the  abduction  cases  resulted  in  convictions.  It  was  not 
possible  to  compare  this  record  with  existing  conditions.  The  iier- 
centages  show  that  something  is  wrong  with  the  laws,  and  judges 
assert  that  they  are  loosely  drawn,  carr}^  too  severe  penalties.  The 
evidence  required  also  tends  to  destroy  their  effectiveness.  Used  to- 
gether as  they  are,  they  should  be  carefully  redrawn,  with  the 
provisions  of  each  in  mind. 

Employment  of  Children. — The  law  against  endangering  life  and 
health  of  child  is  enforced  in  man}^  respects  more  with  regard  to  labor 
than  to  amusements,  and  is  here  a real  protection.  The  law  relating 
to  the  work  of  minors  is  enforced,  but  unfortunately  applies  to  a 
limited  number  of  trades. 


Introduction 


XXXI 


Remedies. — ^Messenger  service  at  night  is  largely  in  connection 
with  disorderly  places,  and  the  boys  run  errands,  buy  drinks,  and 
drugs,  and  associate  unreservedly  with  both  men  and  women  in  these 
houses.  The  law  relating  to  messenger  boys  is  a dead  letter,  and  does 
not  extend  over  a long  enough  period.  No  restrictions  are  imposed 
upon  the  boys,  who  in  some  instances,  become  attaches  of  these 
houses.  The  clause  prohibiting  entering  such  houses  should  be  rigidly 
enforced,  and  the  purchase  of  drugs,  drinks,  etc.,  by  minors  forbidden. 

Unemployed. — Agencies  are  no  longer  open  barter  places  for  the 
sale  of  women,  but  are  still  used  as  blinds  to  get  women  to  enter  these 
houses  first  as  workers. 

Remedies. — ^The  revocation  of  a license  is  an  inadequate  remedy, 
as  many  find  ways  of  staying  in  business.  The  limitation  of  the 
law  to  first  and  second  class  cities  hampers  its  effectiveness.  Amend- 
ments are  needed,  extending  the  jurisdiction  of  the  law  to  other  lo- 
calities, and  bringing  employers  of  stenographers,  typewriters  and 
advertisers  under  its  provisions. 

CIVIC  ORGANIZATIONS. 

It  may  be  asked,  in  the  face  of  so  many  needs  and  of  prevailing 
conditions,  what  is  the  contribution  of  civic  agencies  in  this  matter? 
There  are  in  the  city  of  New  York  four  groups  of  volunteer  organiza- 
tions which  have  machinery  for  dealing  with  some  phase  of  the  social 
evil.  The  first  has  for  its  object  prevention  and  includes  such  so- 
cieties as  the  Prophylaxis  Society,  National  Purity  League,  Con- 
sumers League,  and  others.  The  second  group  is  protective,  and 
includes  such  organizations  as  the  Travelers  Aid,  immigrant  aid  so- 
cieties, State  Probation  Association,  and  others.  The  third  is  repress- 
ive, and  includes  the  Committee  of  Fourteen,  and  the  National  Vigi- 
lance League.  The  fourth  is  remedial,  including  the  County  Medi- 
cal Society  and  the  New  York  Society  for  the  Prevention  of  Cruelty 
to  Children,  New  York  Society  for  the  Prevention  of  Crime,  and 
others.  From  a careful  survey  of  the  activities,  the  Research  Com- 
mittee is  unable  to  find  that  any  one  of  them  is  dealing  with  any  other 
than  some  special  phase  of  the  problem,  or  that  there  is  any  co-ordina- 
tion of  the  work  of  the  different  organiztaions  or  that  they  come 
together  in  any  way  for  conference.  Most  of  the  active  work  is  being 
done  for  children  and  in  the  suppression  of  literature.  Apparently 
there  is  no  central  committee  interested  in  all  phases  of  the  subject, 
which  deals  with  it  in  an  adequate  way.  Furthermore,  committees 
and  agencies  which  are  dealing  with  matters  of  public  welfare,  of 
which  the  social  evil  is  a part,  are  deliberately  shirking  this  respon- 


XXXII 


The  Social  Evil  in  Neav  York  City 


sibility,  or  are  assuming  that  it  is  unimportant  or  non-existent. 

It  is  futile  to  attack  special  phases  vithout  some  way  of  judging  of 
the  effect  of  such  activity  and  without  some  means  of  preventing 
the  simple  changing  of  the  evil  from  one  form  to  another.  Those 
interested  in  closing' disorderly  houses  think  that  so  much  of  the  evil  is 
destroyed,  when  it  is  thereby  driven  into  "Raines  Law”  hotels  and 
tenement  houses.  Those  interested  in  enforcing  the  marriage  license 
laws  may  be  quite  ignorant  of  what  happens  under  the  compulsorj' 
marriage  law,  the  enforcement  of  which  is  in  entirely  different  hands. 
There  is  even  more  decentralization,  waste  of  effort  and  of  public 
money  by  civic  bodies  in  dealing  with  this  matter  than  has  been  shown 
to  exist  among  officials.  As  between  official  bodies  and  civic  bodies, 
there  is  not  the  co-operation  which  is  essential  to  efficient  work. 

CONCLUSIONS. 

The  analysis  of  the  laws,  which  is  fully  substantiated  by  the  pre- 
vailing conditions  under  these  laws,  shows  that  prostitution  is  no 
longer  the  simple  process  of  a man  seeking  a Avoman  in  a place  kept 
for  such  a purpose,  or  that  only  men  who  are  looldng  for  such  places, 
or  women  who  wish  to  live  in  them,  are  to  be  found  there.  The  de- 
fense of  prostitution  is  based  on  this  behef,  which  is  totally  erroneous. 
This  form  of  prostitution  exists  mereh^  as  the  center  of  an  elaborate 
system  which  has  been  fostered  by  business  interests  rather  than  as  a 
consequence  of  emotional  demand.  The  laws  show  cleartythe  existing 
complicated  order  of  commercialized  vice. 

The  disorderly  house,  the  recognized  institution  of  the  social  evil, 
occupies  a very  small  place.  The  tenement  house,  with  its  cloak  of 
respectability  and  protection  of  other  tenants  b}'  the  janitor  and  real 
estate  agent;  the  "Raines  Law ” hotel,  with  its  additional  temptation 
of  liquor;  the  dance  hall,  with  its  attraction  of  amusement;  the 
massage  parlor,  with  its  allurement  of  the  care  of  the  body — these 
increase  the  dangers  a hundred  fold  and  vastly  increase  the  stimu- 
lation because  of  the  multiplied  interests  which  must  haA'e  their  share 
of  the  proceeds.  The  supplj'  of  women  for  prostitution  does  not  come 
as  largely  as  is  commonly  thought  from  the  ranks  of  those  Avilling  or 
seeking  to  enter  this  life.  Were  this  true  there  would  be  httle  neces- 
sit)^  for  the  "cadet,”  procurer  and  protector  Avho  lead  women  astray; 
for  seduction,  false  marriages,  drugs,  pleasure  halls,  drink,  and  force 
to  be  used  to  entice  them  into  this  life;  and  compulsoiy  prostitution, 
division  of  fees,  cost  of  living,  and  of  protection  would  not  be  used  to 
keep  them  in  such  a state  of  subjection.  Then  the  midwife  and  physi- 
cian and  druggist  also  stand  ready  to  avert  the  consequences  of  the 


Introduction 


XXXIII 


life  of  shame.  The  procurer  and  the  combined  interests  are  aware 
that  if  the  safeguards  of  childhood  can  be  broken  down,  the  work  of 
procuring  women  and  patrons  is  easier. 

All  of  these,  and  many  other  ramifications  of  the  interests  brought 
out  in  the  study  of  the  laws  show  the  network  of  the  business  of 
prostitution  as  it  exists.  To  control  the  evil  requires  nothing  less 
than  a consistent,  intelligent  effort  along  the  whole  line.  No  one 
in' this  age  seeks  to  improve  tenements  by  considering  only  light;  or 
to  better  living  conditions  by  urging  lower  rents  alone;  or  to  kill 
graft  by  attacking  only  certain  lines  of  business;  or  to  purify  politics 
simply  along  party  lines.  Prostitution  is  not  a problem  in  a class  by 
itself,  independent  of  economic  and  political  and  social  laws,  any  more 
than  is  any  other  fundamental  expression  of  life.  This  may  be  seen 
from  those  who  share  the  profits.  It  is  no  longer  the  woman  who 
receives  the  lion’s  share  of  the  proceeds.  For  whom  must  she  earn 
money?  There  is  extra  rent  to  be  paid  for  protection,  which  goes  to 
the  agent  or  owner;  fees  to  the  janitor  and  presents  to  his  children 
for  services  or  to  avoid  complaints;  extra  high  prices  for  clothes  and 
necessities,  part  of  which  goes  to  the  middleman,  where  women  are 
inmates  in  houses;  commissions  for  the  keeper,  and  “cadet”  or  pro- 
tector; police  protection  money;  and  bail  money  if  arrested.  The 
prostitute,  if  she  succeeds  in  getting  her  patron  to  buy  drinks,  earns 
a profit  for  the  brewer;  if  she  uses  a “Raines  Law”  hotel,  she  divides 
rental  with  the  proprietor;  and  if  she  frequents  a dance  hall,  she 
pays  her  way.  She  also  earns  money  for  the  telephone  company  and 
messenger  service,  for  these  are  used  extensiAmly  by  her  at  night.  The 
amount  she  earns  must  cover  most  of  these  items,  or  she  cannot  be  a 
successful  prostitute  in  New  York  City,  and  it  is  with  the  knowledge 
if  not  the  direct  connivance  of  these  various  business  interests  that 
she  conducts  her  business.  It  is  not  the  “demand  and  supply  ” which 
makes  the  public  tolerate  this  abnormal,  artificially  stimulated  vice 
situation,  but  the  business  interests  and  political  expediency — things 
which  we  are  learning  are  undermining  political  freedom  and  economic 
independence  as  well  as  menacing  the  moral  integrity  of  men, 
women  and  children. 

We  have  to  deal,  then,  with  vice  as  a business,  conducted  for 
profit,  with  various  beneficiaries  in  all  walks  of  life,  rather  than  what 
is  termed  “demand  and  supply.”  This  latter  is  so  distorted  and  so 
abnormal  in  its  appeal,  due  to  some  of  the  efforts  to  secure  larger 
financial  returns,  that  it  is  doubted  if  those  most  hopeless  about 
improvements  would  care  to  use  this  as  an  excuse  for  doing  nothing 
were  the  real  situation  known. 


XXXIV 


The  Social  Ea  il  in  New  York  City 


RECOMMENDATIONS. 

The  Research  Committee  therefore  recommends; 

(1)  Since  there  is  no  one  body  or  group  dealing  with  this  matter 
as  a whole,  that  the  Governor  or  Mayor  appoint  a non-salaried  com- 
mission to  take  up  this  matter  of  further  study  of  conditions,  law 
amendments  and  enforcements,  procedure,  centralization  of  the  re- 
sponsibility for  enforcement,  and  the  creation  of  a public  sentiment 
for  such  measures  as  seem  advisable.  If  such  a commission  is  impos- 
sible, a voluntary  committee  of  citizens  should  serve.  It  is  not  pos- 
sible, however,  to  obtain,  without  official  request,  desirable  men  who 
are  willing  to  sacrifice  business  and  social  interests,  to  serve  the  com- 
munity in  work  which  involves  so  much  pain,  discomfort,  revulsion 
and  hardship. 

The  Research  Committee  believes  that  the  creation  of  such  a com- 
mission rests  with  the  citizens  of  New  York  and  not  with  the  police, 
elected  officials  or  legislators.  It  is  true  the  citizens  have  in  a measure 
laid  down  their  platform  in  these  laws,  but  they  did  not  elect  their 
representatives  squarely  on  this  platform  and  they  have  not  made 
known  whether  they  want  these  laws  enforced  or  not.  This  subject 
has  been  largely  left  to  sentimentalists,  propagandists,  or  those  who 
have  an  interest  in  some  special  phase  which  they  push  to  the  exclu- 
sion and  detriment  of  all  others.  Some  laws  exist  to-day  because  an 
unintelligent,  cowardly  public  puts  unenforceable  statutes  on  the 
book,  being  content  with  thus  registering  their  hypocrisy;  others  are 
unenforced  because  the  public  takes  little  interest  after  their  passage 
unless  it  is  interested  in  a special  field  or  unless  violations  affect  in- 
dividual members  and  their  families.  ^Moreover,  there  exists  nowhere 
a body  of  data  which  is  accurate  and  reliable.  AVhat  exists  is  scat- 
tered through  various  departments  and  offices.  No  informed,  au- 
thoritative body  is  in  a position  to  prove  or  refute  assertions  made 
regarding  immorality — and  such  a commission  can  gather  this 
information  and  perform  this  service. 

The  campaign  is  far  easier  to  outline  than  is  the  selection  of  a 
committee.  A situation  exists  to-day  which  ought  to  unite  all  think- 
ing, breathing,  live  citizens.  There  are  things  they  can  all  ‘‘get 
together”  on,  namely  driving  vice  out  of  tenements  where  hundreds 
of  families  and  children  are  in  moral  peril;  close  the  “Raines  Law” 
hotels,  which  combine  drinking  and  are  the  embodiment  of  commer- 
cialized vice,  as  evidenced  by  the  procurer  and  business  interests  that 
make  their  living  from  it;  prohibit  the  use  of  places  of  recreation 
such  as  dance  halls,  as  soliciting  places;  prevent  the  exploitation  of 


Introduction 


XXXV 


children,  especiall}^  messenger  boys,  and  of  the  unemployed  while 
seeking  work;  make  impossible  buying  and  selling  of  women  and 
holding  them  in  bondage;  insist  that  solicitation  and  advertising 
on  the  streets  and  elsewhere  in  order  to  attract  men  who  might  not 
otherwise  seek  these  houses,  be  stopped;  and  that  the  use  of  vice 
for  the  purpose  of  swelling  the  sale  of  liquors  and  drugs  be  dis- 
couraged in  every  possible  practical  way.  There  can  be  little  differ- 
ence of  opinion  in  such  a campaign  to  obstruct  concerted  action; 
indeed,  conditions  may  be  improved  along  these  lines  without  at  all 
discussing  whether  or  not  the  social  evil  per  se  is  eradicable. 

The  campaign  need  not  stop  here.  There  are  defects  in  the  existing 
laws  which  need  remedy.  Furthermore,  the  rule  of  evidence  laid 
down  by  the  magistrates  in  their  interpretation  of  the  laws  is  such  that 
other  laws  are  practically  unenforceable.  The  attitude  of  the  magis- 
trates in  the  treatment  of  cases  of  social  evil  reflects  the  attitude  of 
the  public.  By  some  of  them  they  are  taken  as  a joke,  witnesses  are 
subjected  to  indignities  and  ridicule,  and  the  system  of  fines  which  is 
used  in  such  a great  number  of  cases,  which  allows  the  women  to 
return  immediately  to  their  calling  is  a travesty  on  justice.  There  is 
needed  the  creation  of  a public  opinion  which  will  result  by  giving 
publicity  to  the  way  in  which  the  courts  treat  these  matters,  and  also 
a change  in  the  atmosphere  of  the  courts  by  having  committees  of 
deeply  interested,  earnest  people  present  at  all  sessions  of  the  courts, 
who  can  see  for  themselves  the  prevailing  conditions. 

Some  of  the  profit  sharers  must  be  dispensed  with  through  the 
force  of  public  opinion  or  by  means  of  heavy  penalties  before  the 
growth  of  vice  can  be  checked.  These  include  those  who  profit  off 
the  place — the  landlord,  agent,  janitor,  amusement  dealer,  brewer  and 
furniture  dealer;  those  who  profit  off  the  act,  the  keeper,  procurer, 
druggist,  physician,  midwife,  police  officer  and  politician;  those  who 
profit  off  the  children — employers,  procurers  and  public  service  cor- 
porations; those  who  deal  in  the  futures  of  vice — publishers,  manufac- 
turers and  venders  of  vicious  pictures  and  articles;  those  who  exploit 
the  unemployed — the  employment  agent  and  employers — a group  of 
no  less  than  nineteen  middlemen  who  are  profit  sharers  in  vice.  Should 
prostitution  be  used  to  cover  the  loss  on  the  liquors  sold  bj^  the 
“Raines  Law”  hotel-keeper,  whose  contract  wdth  the  brewer  enriches 
the  latter  but  does  not  enable  the  former  to  live  decently?  Should 
small  druggists  sell  abortion  drugs  at  large  profits,  to  enable  them 
to  compete  with  drug  stores  that  cut  prices  on  regular  lines  of 
goods?  These,  among  others,  are  alleged  as  justifications  of  the  pre- 
vailing conditions. 


XXXVI 


The  Social  Evil  in  New  York  City 


(2)  A great  part  of  the  difficult}'  lies  in  the  attitude  of  the  magis- 
trates. It  would  seem  that  in  their  appointment  it  might  be  justly 
insisted  that  moral  integrity  be  made  as  important  as  business  in- 
tegrity. Leaders  of  political  organizations  interested  in  the  protec- 
tion of  vice  cannot  be  expected  to  be  impartial  judges.  We  are 
insisting  upon  fit  men  for  courts  where  large  business  interests  are  at 
stake;  why  not  where  large  social  interests  are  at  stake?  Were  citizens 
to  take  a personal  interest  in  the  courts,  to  the  extent  of  being  pres- 
ent at  the  trials,  they  would  realize  the  necessity  for  improvement. 

(3)  The  great  engines  of  political,  social  and  economic  reform  are 
publicity  and  public  opinion,  not  punishment.  The  number  of  con- 
victions in  the  insurance  scandals  was  small;  one  senator  disqualified 
has  thrown  legislative  bribers  into  a turmoil.  On  the  question  of  the 
social  evil  there  is  no  publicity  in  the  responsible  quarters.  Onh'  the 
unfortunate  women  who  have  nothing  to  lose,  or  the  practitioners, 
are  subjected  to  the  weight  of  public  opinion.  It  should  be  brought 
to  bear  upon  the  profit  sharers,  the  men  higher  up.  If  the  public 
desires  its  laws  enforced,  it  must  provide  a judicious  publicity  which 
will  reach  the  respectable  profit  sharer  and  discourage  sensational 
stories  of  crime  and  exaggerations  of  existing  conditions. 

(4)  Too  much  emphasis  cannot  be  laid  upon  the  necessity  for 
providing  abundant,  wholesome  recreation  and  for  the  sejiaration 
of  recreation  and  vice. 

(5)  Some  method  should  be  devised  by  which  officials  charged 
with  the  enforcement  of  laws  will  co-operate  and  can  obtain  a knowl- 
edge of  what  is  being  done  by  each  law  enforcement  agency.  Con- 
ferences are  not  enough;  some  more  or  less  automatic  method  of 
providing  such  information  should  be  devised. 

(6)  The  women  of  the  community  who  are  seeking  an  outlet  for 
their  energies  and  a use  for  their  leisure  time  can  well  see  to  it  that 
the  burden  of  punishment  does  not  fall  so  entirely  upon  women. 

(7)  Local  Improvement  Boards  have  powers  conferred  upon  them 
which  need  exercising,  and  a general  campaign  to  bring  them  to  life 
and  hold  them  responsible  for  their  districts  would  at  least  be  of 
interest. 

(8)  Abolition  of  the  system  of  fine  for  repeated  offenses,  and  estab- 
lishment of  some  accurate  records  and  means  of  identification  should 
receive  immediate  attention. 

(9)  The  publication  in  code  form  of  the  laws  governing  the  social 
evil  and  a digest  of  the  decisions  might  prove  helpful  to  legislators, 
judges  and  others  who  are  interested  in  the  passage  or  enforcement 
of  laws. 


SOCIAL  CONDITIONS 


There  are  nine  statutes  which  are  aimed  primarily  at  the  practices 
of  associated  interests  rather  than  at  those  carried  on  by  individuals, 
and  at  commercial  interests  rather  than  at  human  impulses. 
These  are  of  the  utmost  concern  to  society.  The  first  four  of  these — 
tenement,  disorderly  house,  liquor  tax,  and  dance  hall  laws — seek  to 
regulate  the  places  where  prostitution,  is  facilitated,  while  the  other 
five  seek  to  regulate  it  without  reference  to  the  place.  In  addition, 
probation  and  the  night  court  are  expedients  for  dealing  with  this 
group  of  offenders.  These  statutes  are  considered  first,  a^s  most 
vitally  affecting  the  city  as  a whole. 

THE  TEHEMEHT  HOUSE  LAW. 

Of  all  the  laws  devised  to  regidate  the  social  evil  in  cities,  that 
relating  to  tenement  houses  is  perhaps  the  most  vital,  if  there  are 
considered  the  number  affected;  the  influence  upon  children;  and 
the  crowded  and  undesirable  conditions  in  many  tenement  build- 
ings and  neighborhoods;  which  tend  to  weaken  the  moral  fibre. 
This  law  is  also  one  of  the  highest  expressions  of  group  protection, 
since  it  seeks  to  specify  the  conditions  under  which  a home  may  be 
made,  and  places  the  responsibility  for  violations  upon  the  landlord 
as  well  as  upon  the  tenant. 

Provisions  of  the  Law 

The  Tenement  House  Act  became  a law  on  April  1,  1901,  and  pro- 
vides that  a woman  who  exposes  her  person  for  the  purpose  of  prosti- 
tution, or  commits  prostitution,  or  solicits  a man  or  bo}'  to  enter  a 
tenement  for  this  purpose,  shall  be  deemed  a vagrant,  and  upon  con- 
viction be  committed  to  the  workhouse  for  a term  not  exceeding  six 
months.  The  law  also  provides  that  a civil  action  may  be  brought 
by  the  Tenement  House  Department  against  owners  of  tenements 
where  prostitution  exists,  to  establish  a lien  of  $1,000  upon  the  house 
and  lot.  It  further  provides  for  the  prosecution  b;v  the  Police  Depart- 
ment of  prostitutes  who  frequent  tenements.^ 


For  abstract  of  the  law,  see  Appendix  I 


2 


The  Social  Evil  in  New  York  City 


Conditions  Preceding  the  Passage  of  the  Law. 

Conditions  previous  to  the  passage  of  the  law  may  lie  traced 
through  the  reports  of  the  Tenement  House  Committee,  of  the  Com- 
mittee of  Fifteen,  and  of  the  Tenement  House  Commission. 

Tenement  House  Committee. — This  Committee  did  not  study  the 
subject  of  immorality  in  tenements  as  extensive!}*  as  it  did  sanitarv* 
and  other  conditions.  It  found,  however,  that  there  was  an  alarming 
increase  of  prostitution  in  these  houses,  especially  during  the  eighteen 
months  previous  to  the  publication  of  its  report.  The  chief  reason 
given  for  this  increase  was  the  closing  of  private  disorderly  houses  by 
the  police,  which  resulted  in  driving  their  occupants  into  tenements. 
The  Committee  recommended  that  the  Legislature  make  some  pro- 
visions to  check  the  evil,  and  impose  severe  penalties  upon  offenders.^ 

Committee  of  Fifteen. — This  Committee  was  organized  in  1900  for 
the  purpose  of  studying  the  causes  of  the  increase  of  gambling  and  of 
the  social  evil  in  New  York  City,  and  to  fix  the  responsibility  for  the 
non-enforcement  of  the  laws  designed  to  control  them.-  The  Com- 
mittee found  that  prostitutes  were  plying  their  trade  openly  in  tene- 
ment houses,  and  obtained  evidence  sliowing  that  such  conditions 
existed  in  over  300  apartments.  The  Committee  co-operated  with  the 
framers  of  the  new  Tenement  House  Law  in  securing  its  passage,  and 
supplied  information  which  constituted  an  important  factor  in  the 
success  of  the  reform  movement  in  the  municipal  campaign  of  1901, 
and  the  election  of  Mr.  Seth  Low  as  mayor. 

Tenement  House  Commission. — The  report  of  tliis  Commission  was 
pulilished  in  1903,  as  part  of  a two  volume  report  on  “The  Tenement 
House  Problem,”  edited  by  IMessrs.  De  Forest  and  Yeiller.  Like  the 
previous  Tenement  House  Committee,  the  bulk  of  the  work  was  in  the 
direction  of  sanitary  inspection  and  remodelling  tenements.  In  the 
schedules,  forms,  blanks,  and  questions  sent  to  citizens,  no  specific 
reference  was  made  to  disorderly  conditions.  The  introduction  calls 
attention  to  disorderly  conditions  in  tenements  found  by  the  Com- 
mittee of  Fifteen,  and  says:® 

“The  evil  of  prostitution  has  been  practica'ly  eradicated  from  the  tene- 
ment houses.  This  has  been  accomplished  by  the  more  drastic  and  severe 
penalties  imposed  by  the  New  Tenement  House  Law.” 

The  law  went  into  effect  July  1,  1901,  and  its  enforcement  during 
the  months  immediately  following  its  passage  resulted  in  the  evic- 
tion of  over  200  disorderly  tenants  from  apartments  where  immoral 

' Report  of  the  Tenement  House  Committee.  1S04. 

“The  Social  Evil  A report  prepared  under  the  direction  of  the  Committee 
of  Fifteen,  1902. 

“ The  Tenement  House  Problem,  1903. 


Social  Conditions 


3 


conditions  had  been  found  the  Committee  of  Fifteen.  After  the 
eviction  of  these  tenants  it  was  reported  from  authentic  sources  that 
many  of  them  found  their  way  into  private  disorderly  houses.^ 

Notwithstanding  the  statement  above  quoted,  the  publication 
further  contains  tw'o  statements  dealing  in  a general  way  with  the 
social  evil  in  tenements,  and  with  its  effect  upon  domestic  life.  These 
were  written  by  Dr.  Felix  Adler  and  Mrs.  Charles  E.  Lowell,  who 
agreed  that  the  conditions  were  such  that  landlords  should  be  punished 
more  severely,  and  that  women  should  be  sent  to  the  workliouse  instead 
of  being  fined.^ 

The  combined  activities  of  these  various  committees  and  of  other 
agencies  and  the  operation  of  the  new  law  undoubtedly  resulted  in 
the  suppression  of  the  flagrant  use  of  tenements  by  immoral  women. 
Eesting  in  the  belief  that  the  evil  had  been  practically  eliminated, 
the  activities  of  those  interested  in  the  improvement  of  tenement 
houses  have  been  chiefly  directed  of  late  3fears  to  housing  and  sanitary 
conditions.  A survey  of  the  activities  of  twelve  societies  interested 
in  the  improvement  of  social  conditions,  and  therefore,  likely  to  be 
interested  in  this  subject,  shows  that  there  is  but  one  wdiich  has  even 
touched  upon  it.  “A  study  of  Tenement  House  Administration,” 
made  by  the  Bureau  of  Municipal  Besearch  in  1909,  does  not  include 
the  problem  of  morality.  This  is  typical  of  the  general  attitude  now 
taken. 

Prevailing  Conditions. 

The  Tenement  House  Law  is  applicable  only  to  New  York  City, 
and  created  a Tenement  House  Department.  An  examination  has, 
therefore,  been  made  of  the  records  of  this  department. 

Tenement  House  Department  Eecords. — The  records  were  tabu- 
lated for  the  period  from  August  8,  1902  (the  date  of  the  creation  of 
the  Department),  to  October  2,  1908,  the  time  this  study  was  begun. 
During  this  time  there  w^ere  1355  complaints  of  prostitution,  an 
average  of  216  annually.®  Of  these,  1062  or  78.4  per  cent,  were 
dismissed  and  293  were  held  as  violations.'^  Of  the  293  violations,  10 
were  held  for  prosecution,  but  none  ever  came  to  trial,  the  Corporation 
Counsel  recommending  that  they  be  dismissed  because  the  owner  had 
apparently  complied  with  the  lawx 

Of  the  1355  complaints,  1094  or  80.7  per  cent.,  were  in  Man- 

Report  of  the  Committee  of  Fifteen,  Pagre  187. 

-The  Tenement  House  Problem,  1903. 

■'  For  totai  complaints  in  all  Boroughs,  see  Table  1. 

■*  Whenever  the  owner  does  not  comply  with  the  order  to  him  or  his  agent  by 
the  Department  to  remove  the  cause  of  complaint,  the  case  is  entered  as  a 
violation,  and  if  the  conditions  persist,  is  referred  to  the  Corporation  Counsel  for 
prosecution. 


4 


The  Social  Evil  in  New  York  City 


hattan;^  259  or  18.3  per  cent.,  in  Brookljm,  Queens  and  Eicliniond; 
and  2 in  the  Bronx.^ 

Published  statistics  show  that  in  1908  there  were  102,897  tene- 
ments in  Greater  New  York,  of  which  42,589  were  in  Manhattan, 
53,068  in  Brooklyn,  Queens  and  Eichmond,  and  7,240  in  the  Bronx.® 
Por  the  ten  months  from  January  to  October,  1908,  there  were  in 
Manhattan  alone  21,408  complaints  of  all  kinds  filed  in  the  Depart- 
ment.^ Of  this  number,  191,  or  one  in  every  112  complaints,  were 
for  disorderly  premises.  Nearly  75  per  cent,  of  these  were  located  in 
the  following  Assembly  Districts : Third,  17 ; Sixth,  9 ; Seventh,  19 ; 
Eighth,  31;  Ninth,  12;  Tenth,  11;  Nineteenth,  11;  Twenty-fifth,  11; 
and  Twenty-seventh,  17.  In  Brooklyn,  Queens  and  Eichmond  there 
Avere  36  complaints  against  disorderly  premises.  There  were  none  in 
the  Bronx.  This  makes  a total  of  227  in  Greater  New  York.  The 
percentage  of  tenements  affected,  therefore,  is  one  in  every  453  for  all 
Boroughs;  one  in  every  223  in  Manhattan,  and  one  in  every  1,474  in 
Brooklyn,  Queens  and  Eichmond. 

So  far  as  the  Department  records  show,  there  has  been  no  court 
proceeding  against  an  owner  or  agent  of  a disorderly  tenement  house 
between  the  date  of  the  passage  of  the  law  and  that  of  the  investigation 
— a period  of  6 years  and  3 months.  The  policy  has  been  to  secure 
compliance  with  the  law  by  an  order  issued  to  the  owner  to  remove 
the  cause  of  complaint.  The  extent  to  which  the  patience  of  the 
Department  is  exercised  may  be  seen  from  a tabulation  made  of  175 
of  the  191  cases  in  1908,  showing  the  time  which  elapsed  between 
the  date  of  the  complaint  and  the  final  report  of  the  office  that  the 
cause  had  been  removed.®  The  minimum  time  was  2 days,  the  maxi- 
mum 37,  and  the  average  11  1/2  days.  In  54  per  cent,  of  the  cases 
the  time  required  was  10  days  or  over.  The  following  instances  illus- 
trate the  procedure  and  the  causes  of  delay: 

Case  A-  NoA^ember  12,  owner  notified;  NoA^ember  14,  OAvner  promised  to 
investigate;  November  19,  inspector  reported  room  still  occupied;  NoA'ember 
ig,  owner  reports  complaint  was  sent  in  out  of  spite ; Januarr^  3,  tenants 
vacated,  but  other  rooms  Avere  still  occupied  by  the  same  persons,  but  were 
not  used  for  immoral  purposes  any  longer  ; January  13.  violation  dismissed. 

Case  B.  Six  separate  apartments  Avere  used  for  immoral  purposes, 
October  12,  1903,  OAvner  or  agent  notified ; October  20,  re-inspection  shoAvs 
parties  still  there ; October  22,  representath-e  of  the  agent  called  at  the 
Department  and  stated  that  he  Avould  issue  dispossess  Avarrants  and  AAmuld 
notify  the  Department  if  he  had  any  trouble;  NoA-ember  4,  re-inspection  shows 
parties  still  there;  November  ii,  letter  from  Commissioner  to  agent  states 


» Table  II. 

-Table  III. 

^ City  Record,  September  11.  1009. 

^Records  Avere  available  only  to  October  1.  lOOS.  the  Time  of  the  investigatiou. 
= Table  IV. 


Social  Conditions 


5 


that  if  the  matter  does  not  receive  attention  he  will  begin  action  at  once ; 
December  5,  parties  still  there ; December  14,  letter  from  the  Police  Depart- 
ment informs  the  Commissioner  that  one  of  the  inmates  was  arrested  for 
violating  the  Tenement  House  Law;  December  16,  letter  from  the  police 
captain  states  that  all  the  residents  in  the  tenement  are  now  respectable 
except  two,  and  the  agent  has  been  notified  to  dispossess  them  January  i.  The 
same  house,  however,  had  another  violation  filed  against  it  five  months  later. 
The  description  was  the  same,  but  the  basement  was  now  used  for  immoral 
purposes,  and  the  owner’s  name  was  different.  The  owner  was  first  notified 
in  March,  and  on  the  14th  promised  to  put  the  tenants  out  immediately; 
April  7,  re-inspection  showed  two  floors  still  used  for  the  same  purposes ; 
April  II,  letter  from  Commissioner  threatens  to  refer  the  matter  to  the  Cor- 
poration Counsel;  April  13,  owner  states  that  the  parties  were  evicted;  June 
24,  re-inspection  shows  some  have  been  evicted,  but  others  are  still  there ; 
July  5,  another  notice  sent  to  owner.  There  is  no  further  report,  except  one 
dated  October,  1905,  in  which  the  Department  was  informed  that  the  tenement 
was  occupied  by  colored  persons.  On  November  i,  1905,  nearly  two  years 
after  the  first  complaint,  there  is  a recommendation  for  dismissal  of  the 
violation  by  the  Assistant  Corporation  Counsel. 

Police  Department  Eecords. — The  responsibilit}'  for  obtaining 
evidence  and  aiding  in  the  enforcement  of  the  provisions  of  the  law 
really  rests  with  the  Police  Department.  On  June  29,  1901,  Police 
Commissioner  Mnrphy  issued  a general  order  to  the  effect  that  every 
member  of  the  force  should  make  a close  scrutiny  of  tenement  houses 
in  the  city,  and  wiienevei’  a ph’ostitute  was  found  in  one  this  fact 
should  be  reported  in  writing  to  the  Police  Commisioner  and  the 
Health  Department.  The  officers  were  also  instructed  to  ascertain 
the  character  of  the  tenants,  by  inquiries  in  the  neighborhood,  for  the 
protection  of  reputable  tenement  house  residents,  and  to  save  their 
children  from  associating  with  improper  persons  or  witnessing  im- 
proper exhibitions  or  practices. 

A search  was  made  for  a similar  order  of  more  recent  date  but 
none  could  be  found  at  Police  Headquarters.  The  officers  in  charge 
said  that  it  had  always  been  customary  for  the  captains  of  a precinct 
in  which  an  arrest  has  been  made  in  a tenement  house  to  report  the 
fact  in  writing  to  the  Tenement  House  Department,*  the  reports 
giving  the  name  of  the  person  or  persons  arrested  and  the  circmn- 
stances.  In  many  cases  found  the  captain  only  reports  the  name  of 
the  keeper,  and  if  any  inmates  are  arrested  at  the  same  time  they  are 
tried  with  the  keeper  in  the  Magistrates’  Courts. 

It  was  not  possible  without  great  expense  and  loss  of  time  to  ascer- 
tain the  number  of  arrests  made  since  the  law  went  into  effect.  The 
record  for  the  nine  months  of  1908  showed  that  of  the  191  complaints 
in  Manhattan,  103  were  sent  in  by  the  police  who  had  made  arrests 
in  the  tenements.  This  leaves  but  46  per  cent,  of  the  cases  reported 
by  Tenement  House  Department  inspectors  and  individuals. 

Three  courts  where  complaints  were  most  frequent  were  selected 
for  study,  for  the  period  from  January  1 to  October  2,  1908.  In  the 


6 


The  Social  Evil  in  New  York  City 


Essex  Market  Court  (in  the  neighborhood  of  which  the  Tenement 
House  Department  estimated  there  were  1,465  tenements),  there 
were  148  cases  against  persons  arrested  for  prostitution  in  tenementsd 
Of  these,  however,  but  83  were  charged  with  committing  prostitution 
or  soliciting  men  to  enter  a room  in  a tenement  for  the  purpose  of 
prostitution.  The  others  were  charged  with  keeping  a disorderly 
house." 

Of  the  148  police  complaints,  but  37  were  reported  to  the  Tene- 
ment House  Department  at  the  time  of  the  arrest.  The  37  reports 
were  made  against  separate  addresses  except  in  three  instances  where 
the  same  address  was  reported  twice  during  the  period  given. 
In  two  other  cases  one  report  was  made  against  one  individual 
while  as  a matter  of  fact,  3 were  arrested;  and  in  15  cases  one 
report  was  made  when  there  were  2 arrests.  The  person  reported 
to  the  Tenement  House  Department  was  usually  the  keeper  of  the 
house. 

The  police,  therefore,  notified  the  Tenement  House  Department  of 
but  25  per  cent,  of  the  cases  where  arrests  were  made.  If  this  percen- 
tage holds  good  for  the  city,  in  75  per  cent,  of  the  cases  of  prostitution 
in  tenements  either  known  to  tlie  police  or  found  by  the  investigator 
the  Tenement  House  Department  was  not  in  a position  to  take  any 
action  with  reference  to  owners." 

Of  the  148  cases  in  the  Essex  Market  Court,  of  which  118  were 
women,  65  were  discharged,  30  were  sent  to  the  Workhouse,  13  were 
placed  on  probation,  28  Avere  held  for  Special  Sessions,  3 gaA'e  a bond 
for  good  behavioi’,  1 Avas  committed  to  Bedford,  and  in  8 instances 
there  Avas  no  record  of  the  disposition  of  the  case.* 

Of  the  28  cases  held  for  Special  Sessions  in  Essex  Market  Court. 

10  offenders  Avere  sent  to  the  City  Prison,  Workhouse,  or  House  of 
Eefuge,  3 Avere  fined,  2 Avere  acquitted,  and  in  5 instances  sentence  was 
suspended.  Four  cases  AA’ere  pending  on  October  30.  1908.  and  in  one 
case  the  record  Avas  confused  and  no  accurate  determination  of  its  dis- 
position could  be  made.® 

It  also  appears  that  the  Judges  in  Special  Sessions  Avere  inclined 
to  impose  heavier  sentences  upon  the  men  than  upon  the  Avomen.  In 

11  cases  AA'here  the  sex  Avas  noted,  6 men  Avere  sentenced  to  the  City 

1 Table  V. 

- In  connection  with  this  fact  it  is  interesting  to  note  that  in  a number  of 
instances  the  Court  record  showed  that  the  original  complaint  had  been  for  viola- 
tion of  the  Tenement  House  Law,  but  was  changed  to  that  of  keeping  a disorderly 
house.  There  were  no  instances  where  the  reverse  ^was  found. 

'•See  Table  XII.  which  shows  the  number  of  disorderly  tenements  found  and 
not  reported  at  all. 

« Table  A". 

“Table  VI. 


Social  Conditions 


7 


Prison  or  Workhouse  for  periods  varying  from  30  da3's  to  6 months; 
while  4 women  were  discharged,  acquitted  or  had  their  sentence 
suspended,  and  one  woman  was  fined  $50.  The  men  were  procurers 
or  protectors  working  in  partnership  with  the  women. 

Of  148  complaints,  50  per  cent,  were  dismissed,  and  13  per  cent, 
were  immediately  released  on  probation,  bond  or  fine.  Seventy-nine 
of  the  148  cases  were  from  separate  addresses,  and  of  the  37  reported 
to  the  Tenement  House  Department,  33  Avere  from  separate  addresses. 

A study  of  the  records  of  the  second  court  selected,  the  7th  Dis- 
trict Court  at  317  West  54th  Street,  shows  similar  conditions.  Of 
51  arrests  of  disorderly  persons  in  tenements  39  M^ere  charged  Avith 
violation  of  the  Tenement  House  LaAv.  Of  the  total  number,  25,  or 
49  per  cent,  were  discharged;  16,  or  31  per  cent.  Avere  sent  to  the 
Workhouse;  8 AA^ere  held  for  Special  Sessions,  and  2 AA^ere  placed  on 
probation.^ 

Of  the  8 persons  held  for  Special  Sessions,  4 Avere  fined;  1 Avas 
sent  to  the  Workhouse;  1 Avas  acquitted;  in  1 case  sentence  aa^is 
suspended  and  1 case  was  pending.- 

Of  the  51  cases  tried  in  the  7th  District  Court,  30  AA'ere  from 
separate  addresses.  Of  the  51  instances  AAdiere  the  police  had  know- 
ledge of  disorderly  conditions,  only  13,  or  one-fourth  AA'ere  reported  to 
the  Tenement  House  Department,  enabling  it  to  proceed  against  the 
OAvner  or  agent. 

. The  third  court  selected  Avas  the  Tenth  District  Court  in  BroAvns- 
Aulle,  Brooklyn.  Of  the  36  cases  tried  only  2 were  recorded  as 
violations  of  the  Tenement  House  Luav,  the  other  charges  being 
vagrancy,  15,  and  keeping  of  a disorderlv  house,  19.^  Twenty  or  55 
per  cent.  AA^ere  discharged.  1 Avas  sent  to  the  Workhouse,  2 Avere 
placed  on  probation,  and  13  or  36  per  cent.  Avere  field  for  Special 
Sessions.'* 

Of  the  13  held  for  Special  Sessions,  7 AA'ere  acquitted;  1 Avas  dis- 
charged; in  one  instance  sentence  Avas  suspended,  and  4 cases  were 
pending.®  Of  the  36  cases  tried  in  this  court  14  AAmre  from  separate 
addresses  and  in  4 instances  the  Brookhm  addresses  were  not  given.  In 
no  instance  had  the  police  reported  to  the  Tenement  House  Department 
any  of  the  tenements  Avhere  arrests  had  been  made. 

Court  Records. — As  has  been  stated,  no  court  action  has  been 
brought  against  OAvners  or  agents,  so  the  attitude  of  the  courts  toward 

1 Table  AUI. 

= Table  VIII. 

® The  char.se  of  vasrancy  was  for  a violation  of  the  Tenement  House  Law, 
but  it  was  not  so  stated. 

" Table  IX. 

‘‘Table  X. 


s 


The  Social  E^'IL  in  New  York  City 


owners  or  agents  under  Section  151  has  never  been  determined.  The 
treatment  by  the  courts  of  the  tenants  arrested  shows  the  inetfective- 
ness  of  making  arrests.  In  1907  a sub-committee,  now  the  Eesearch 
Committee,  of  the  Committee  of  Fourteen  made  a special  study  of 
7,351  women  arrested  during  the  first  eight  months  of  that  year  in  the 
Jefferson  Market,  Yorkvillc,  Harlem,  and  Seventh  District  Courts, 
and  for  the  month  of  August  in  ihe  Night  Court.  Of  this  number 
G,717  -were  arrested  on  the  charge  of  street  soliciting,  288  for  keeping 
disorder^  houses,  253  for  being  inmates  of  disorderly  houses,  and  63 
for  a violation  of  the  Tenement  House  Law.  The  disposition  of  these 
cases  in  the  various  courts  was  as  follows : Fined,  3,328  ; discharged, 
2,165;  sent  to  Workhouse,  798;  placed  on  probation,  257;  held  for 
Special  Sessions,  242 ; released  on  a bond  of  good  behavior.  187 ; not 
stated,  38;  sent  to  rescue  homes,  18;  held  for  examination,  8 ; sent  to 
Children’s  Court,  2 ; sent  to  Night  Court,  2 ; bail  forfeiture,  2 ; sent 
to  Third  District  Court,  1 ; sent  to  hospital  1 ; paroled  1 ; and  sen- 
tence suspended,  1.^ 

It  has  not  been  possible  in  the  present  study  to  secure  as  complete 
records  for  a similar  period  during  1909,  but  the  total  number  of 
complaints  made  in  the  same  courts,  for  the  same  offenses  has  been 
obtained,  together  with  the  disposition  of  cases  where  the  charge  w'as 
for  violation  of  the  Tenement  House  Law.  The  total  number  of  ar- 
lests  was  7,054.  Of  these  6,590  ivere  charged  with  street  soliciting: 
148  with  keeping  a disorderly  house;  109  with  lieing  inmates,  and  207 
with  a violation  of  the  Tenement  House  Law.  In  addition  to  the-e 
arrests  upon  the  specific  charge  of  violation  of  the  d'cnement  Hou'.- 
Law,  139  additional  addresses  were  secured  from  the  records,  wlier 
the  charge  was  not  for  violating  the  Tenement  House  Law.  Of 
these  57  were  tenements,  but  there  was  no  indication  in  the  athidavits 
that  there  had  been  a Holation  of  the  Tenement  House  Law.  Thi' 
Avas  true  notivithstanding  that  in  22  of  them  the  charge  was  for 
being  inmates  of  disorderly  houses,  and  in  2 others  for  keeping  a 
disorderly  house.  One  arrest  Avas  on  the  charge  of  harboring  a girl 
of  15  for  the  purpose  of  prostitution.  This  address  was  a tenement, 
but  it  Avas  not  so  stated  in  the  affidavit. 

68  AA'omen  Avere  sent  to  the  Workhouse  for  a ' violation  of 
Section  150  of  the  Tenement  House  Law,  of  whom  62  received 
sentences  of  6 months;  5,  1 month;  and  1,  2 months.  36  of  the  68 
offenders  served  the  full  term  of  their  sentence ; 19  were  released 
after  serving  from  one  to  three  months  and  13  on  November  5.  1909 
remained  at  the  Workhouse.^ 


1 Table  XAUII. 
^ Table  XAL 


Social  Conditions 


9 


It  is  clear  from  the  records  of  the  Tenement  House  and  Police 
Departments  and  of  the  courts  that  the  valuable  time  of  inspectors, 
of  police  officers,  and  of  the  courts  is  used  to  no  other  end  than  the 
mere  interruption  of  the  business  of  prostitution  in  tenements.  It 
is  also  apparent  that  owners  and  agents  ma}'-  be  put  to  the  trouble  of 
some  correspondence  with  the  ‘Tenement  House  Department,  but  that 
the}"  suffer  little  or  no  other  inconvenience.  It  appears  also  that  a 
farce  is  enacted  daily  in  the  courts  and  opportunity  given  for  graft  and 
for  professional  bondsmen  to  reap  a harvest  wffiere  women  are  brought 
in  and  their  cases  so  disposed  of  that  from  63  to  80  per  cent,  of  them 
are  in  a position  to  return  immediately  to  a life  of  immorality,  and  pay 
olf  the  line  which  their  protector  or  bondsman  has  paid  when  they 
aTe  not  acquitted. 

Field  Study. — Tliese  records  suggested  two  questions  to  the  Ee- 
search  Committee:  (1)  Has  the  activity,  such  as  it  has  been,  proved 
effective?  (2)  If  not,  what  is  the  cause  of  the  failure?  In  order 
to  answer  these  questions  it  was  necessary  to  make  a personal  inves- 
tigation of  a number  of  tenements,  including  some  of  those  against 
which  complaints  had  been  made,  and  others  against  which  no  com- 
pdaints  had  been  recorded. 

All  of  the  complaints  made  against  disorderly  tenement  houses  in 
Manhattan  and  Brooklyn  from  January  1,  1904,  to  October  2,  1908, 
were  arranged  according  to  police  precincts.’-  It  did  not  seem  advis- 
able to  take  dates  previous  to  1904  on  account  of  the  frequent  changes 
in  the  addresses  and  character  of  the  houses.  It  was  found  that  there 
were  538  complaints  against  448  separate  addresses  in  Manliattan. 
The  largest  number  of  complaints  against  any  one  tenement  was  8,  and 
the  largest  number  of  complaints  in  any  one  police  precinct  was  77, 
from  the  Hinth  in  the  First  Inspection  District.  The  location  of  the 
448  addresses  in  Manhattan  was  -roughly  speaking,  East  Side  streets 
and  avenues,  256 ; West  Side  streets  and  avenues,  192. 

One  hundred  and  thirty-three  addresses  in  three  different  sections  of 
the  city,  against  which  complaints  had  been  filed  in  the  Tenement 
House  Department  were  visited.-  Prostitution  still  prevailed  in  61 
instances,  or  45.9  per  cent.,  but  in  38  instances,  or  28.6  per  cent,  legal 
evidence  could  not  be  obtained.  In  the  course  of  visiting  the  133  tene- 
ments, disorderly  conditions  were  found  in  63  other  tenements  which 


"•Table  XI. 

- In  some  eases  several  complaints  were  made  against  the  same  address  with 
only  two  or  three  days,  or  a week,  intervening.  In  a few  instances  the  name  of 
the  same  woman  appeared  more  than  once.  The  report  of  the  Tenement  House 
Department  officers  on  each  complaint  would  invariably  be,  “Cause  of  Complaint 
Kemoved,”  “No  basis  for  coinpiaint,”  or  “No  action  necessary." 


10 


The  Social  Evil  in  New  York  City 


did  not  appear  in  any  record  as  liaving  been  complained  againstd  This 
makes  a total  of  124  tenements  in  which  disorderly  conditions  were 
found  while  investigating  133  cases.^ 

It  must  be  remembered  that  this  investigation  was  not  made  in 
districts  where  the  prevalence  of  prostitution  in  tenements  was  be- 
lieved to  be  greatest.  For  instance,  it  included  sections  of  Harlem 
from  which  only  18  complaints  were  received  by  the  Tenement  House 
Department  from  January  1,  to  October  2,  1908.  These  sections  are 
bounded  by  West  104th  Street  to  West  153d  Street,  and  East  T9th 
Street  to  East  124th  Street.  At  four  of  the  18  addresses,  over  oire-fifth 
of  the  cases,  and  in  31  other  tenements  against  which  no  complaint 
had  been  made,  prostitution  existed.  No  complaints  were  recorded 
from  the  Bronx,  and  but  two  tenements  were  found  where  disorderly 
persons  plied  their  trade. 

Conditions  in  Brooklyn  do  not  differ  from  those  in  Manhattan.® 
From  January  1 to  October  2,  1908,  62  complaints  were  received  from 
34  tenement  houses.  An  investigation  of  30  of  these  addresses  showed 
that  disorderly  conditions  still  existed  in  15,  or  44  per  cent.  In  addi- 
tion, 4 addresses  were  found  where  prostitution  existed  which  did  not 
appear  in  any  of  the  records  studied.'* 

The  following  cases  selected  at  random  from  among  many  illus- 
trate the  methods  now  employed  in  following  up  complaints : 

Case  A.  Allen  Street-  Complaints  filed  in  1904,  1905.  and  on  June  2.  1908. 
Cause  of  complaint  removed  June  10.  1908.  Prostitution  existed  here  in 
February,  1909. 

Case  B.  West  65th  Street.  Complaint  filed  .April  7,  1908.  Cause  of 
complaint  reported  removed  April  24,  1908:  another  complaint  filed  April  ii, 
1908:  cause  of  complaint  reported  removed  -April  29,  1908.  Very  suspicious 
conditions  found  here  January  8,  1909. 

Case  C.  West  .34th  Street.  Complaint  fi'ed  in  January,  1907.  Complaint 
crossed  out  on  record.  -Another  complaint  filed  January  21,  1907;  cause  of 
complaint  reported  removed  February’  13,  1907.  -Another  complaint  filed  Alay 
10,  1907;  no  basis  for  complaint  reported  May  16,  1907;  another  complaint 
filed  May  31,  1907;  reported  prostitutes  removed,  no  date  given.  -Another 
complaint  filed  June  ii,  1907:  cause  of  complaint  reported  removed  July  12, 
1907 : another  complaint  filed  June  16,  1907 ; cause  of  complaint  reported 
removed  July  12,  1907.  The  complaints  filed  on  May  10.  and  31,  were  against 
the  same  woman.  In  January,  1009.  suspicious  conditions  existed  here,  but 
no  legal  evidence  could  be  obtained.  During  this  same  month  the  po'ice 
inspector  of  the  district  declared  that  prostitutes  no  longer  lived  at  this 
address.  This  tenement  is  given  as  a “call  house”  in  a list  seized  in  1908  by 
a detective  while  making  an  arrest.® 

1 In  many  instances  the  field  investigations  have  been  verified  by  a second 
investigator,  especially  when  there  was  any  doubt,  and  these  results  represent 
weeks  of  painstaking  effort  in  order  that  no  exaggeration  of  conditions  might 
occur. 

= Table  XII. 

’ For  complaints  by  Police  Precincts,  see  Table  XIII. 

* For  statistics  giving  street,  date  of  complaint,  and  results  of  investigation, 
see  Table  XIV. 

“ By  a “call  house"  is  meant  an  apartment  where  the  occupant  makes  dates 
with  prospective  customers  over  the  telephone,  and  then  sends  out  for  girls  to  come 
in  and  meet  the  men.  It  is  practically  impossible  to  enter  these  places  without 
an  Introduction. 


Social  Conditions 


11 


The  following  cases  show  the  futility  of  making  arrests,  and  of 
the  disposition  of  court  cases : 

Case  A.  On  May  23,  1908,  a woman  was  arrested  on  the  second  floor  rear 
of  a tenement  on  West  38th  Street.  A complaint  was  filed  with  the  Tenement 
House  Department.  The  cause  of  the  complaint  was  reported  removed  on 
June  I,  1908.  In  September,  1908,  the  same  conditions  as  previously  existed 
were  found  in  the  same  apartment.  An  inquiry  was  made  for  the  woman 
who  had  been  arrested,  but  the  occupant  said  she  was  not  in.  This  informa- 
tion was  given  after  the  fact  was  established  that  she  was  using  the  apartment 
for  immoral  purposes. 

Case  B.  An  arrest  was  made  in  August,  1908,  in  a tenement  on  East 
4th  Street.  On  August  30,  the  prisoner  was  discharged-  On  October  10, 
igo8,  this  woman  was  using  the  basement  at  the  same  address. 

Case  C.  During  January,  igo8,  arrests  were  made  on  the  second  and 
fourth  floors  of  a tenement  on  Sixth  Avenue.  A complaint  was  filed  with  the 
Department.  After  investigation  the  complaint  was  dismissed  on  a report 
“No  action  necessary.”  An  investigator  was  solicited  to  enter  a room  on  the 
second  floor  on  November  19  and  December  24,  1908. 

During  the  investigation,  a number  of  other  tenement  houses 
occupied  by  prostitutes  were  found.  The  women  used  their  rooms  for 
immoral  purposes  when  their  patrons  were  known  to  them.  These 
places  have  not  been  included  in  the  percentages  for  their  occupants 
more  commonly  used  the  Raines  Law  hotels.  There  is  no  doubt,  how- 
ever, that  they  influenced  the  respectable  families  in  the  same  house. 

Massage  Parlors. — Another  phase  of  the  social  evil  in  tenements 
to  which  little  attention  has  been  given  by  the  Tenement  House  or 
Police  Departments  is  found  in  massage  parlors.^  The  February  20, 
1909,  issue  of  a New  York  paper  sold  largely  at  news  stands  and  in 
hotels,  contained  68  separate  advertisements  of  these  so-called  “par- 
lors” in  New  York  City.  Of  these  55  were  in  Manhattan,  and  13  in 
Brooklyn.  The  Tenement  House  Department  records  of  these  bor- 
oughs showed  that  in  Manhattan,  46  of  the  55  were  located  in  tenement 
houses,  4 were  doubtful,  3 were  in  private  houses,  1 was  in  a business 
house,  and  1 was  not  given.  The  4 doubtful  addresses  and  the  1 not 
given  were  visited,  and  2 were  found  to  be  tenements,  making  a total 
of  48  in  tenements.  Of  the  13  “parlors”  advertised  in  Brooklyn,  8 
were  in  tenements,  making  a total  of  56,  or  80  per  cent,  in  tenements.- 

An  investigation  by  two  persons  of  several  of  these  “parlors”  estab- 
lished beyond  doubt  that  they  were  disorderly  places.-'* 

Population  Affected  by  Prevailing  Conditions. 

The  Research  Committee  has  not  attempted  to  study  prevailing 
conditions  exhaustively,  but  in  order  to  give  some  idea  of  the  influence 


’ For  massage  parlors  other  than  tenements,  see  p.  31. 

^ In  addition  to  the  weekly  paper  which  advertises  these  “parlors”  a monthly 
publication  also  contains  advertisements  similar  in  character.  This  gives  these 
places  a wide  publicity. 

® For  description  of  methods,  see  page  31. 


12 


The  Social  Evil  in  New  York  City 


of  prostitution  in  the  cases  found  in  a brief  investigation,  a census  has 
been  taken  of  129  of  the  tenements  in  which  prostitution  was  reported 
in  1908  to  the  Tenement  House  Department  in  all  lioroughs,  and 
where  it  was  found  by  an  investigation  in  1909.  This  census  covers 
the  nationalities,  the  number  of  children  brought  into  contact  with 
the  conditions,  and  the  number  of  families  subjected  to  association 
with  disorderly  persons.^  There  were  1,521  families  living  in  the  129 
tenements,  with  1,659  children,  all  under  the  age  of  15  years  and  527 
single  men  and  women,  Avho  in  some  instances  were  sons  and  daughters 
in  the  different  households  and  in  others,  boarders.  Of  the  children 
799  were  boys  and  860  were  girls.  The  number  of  unmarried  adult 
men  ivas  371,  and  of  unmarried  adult  women  156. 

The  following  are  illustrations  of  some  of  the  conditions  found 
in  the  houses  included  in  the  census. 

The  family  consisted  of  a man  and  wife  and  three  small  children,  the 
oldest  a bo\'  of  7.  The  other  member  of  the  household  was  an  im.moral 
woman  who  received  men  both  day  and  night  in  one  of  the  two  rooms  in 
which  the  family  lived.  Occasionally  another  prostitute  from  a neighboring 
tenement  came  to  the  house  and  assisted  in  receiving  company.  There  was 
no  door  between  the  two  rooms,  and  when  men  came  in  the  day  time  the 
mother  with  her  baby  in  her  arms  offered  to  leave  the  place  if  desired.  At 
night  when  the  other  children  were  home  from  school,  the  whole  family 
remained  in  one  I'oom  while  the  other  was  being  used  by  this  immoral  woman. 
This  woman  had  been  installed  in  the  house  by  the  father  of  the  family,  and 
he  had  been  living  off  her  earnings  for  a number  of  years.  He  had  another 
woman  in  a tenement  house  four  blocks  away,  who  also  contributed  to  his 
support.  The  wife  knew  of  the  relationship  which  existed  between  her  hus- 
band and  these  two  women,  but  was  apparently  helpless.  She  seldom  received 
any  money  from  her  husband,  and  at  the  time  of  the  investigation  was  earning 
$.3.50  to  $5  per  week  sewing  on  piece  work  in  her  home. 

In  a second  instance  the  mother  of  the  family,  with  another  woman, 
received  men  in  her  home.  The  family  consisted  of  two  boys  and  two  girls, 
all  under  the  age  of  15  years.  The  woman  made  the  acquaintance  of  men 
through  a clerk  in  a nearby  cigar  store,  who  distributed  cards  of  introduction. 

In  a third  instance,  the  house  is  a rear  tenement,  connected  with  the 
street  by  a long  dark  alley.  At  the  time  of  the  investigation  one  of  the  floors 
was  occupied  by  several  immoral  women,  who  were  hired  by  the  week  by  a 
madame.  The  families  in  the  rear  rooms  of  the  front  tenement  can  look 
directly  into  the  rooms  used  for  this  purpose.  .A.  saloon  is  located  on  the 
ground  floor  of  the  front  tenement,  and  many  of  the  patrons  of  the  disorderly 
house  are  secured  in  this  saloon  by  a “cadet,”  aged  about  19  years,  who  dis- 
tributes cards.  The  neighboring  families  are  terror  stricken  by  their  immoral 
neighbors,  and  dare  not  complain  against  them,  because  they  say  “it  would 
be  dangerous  to  interfere.”  Arrests  have  been  made  in  the  rear  house,  but 
the  conditions  remain  unchanged. 

A census  of  the  tenements  given  above  as  illustrations  showed  that 
34  families  lived  in  them,  with  25  boys  and  26  girls,  all  under  the  age 
of  15.  Two  of  the  houses  are  located  on  the  lower  East  Side  and  one 
in  the  Bronx. 

It  is  inevitable  under  such  conditions  that  innocent  families  should 
be  contaminated.  Tn  many  of  the  tenements  there  were  immigrants. 


1 Trtb'.e  XVI 


Social  Conditions 


13 


unacquainted  with  American  customs,  and  city  life,  and  unable  to 
seek  other  quarters.  Some  of  them  had  arri^'ed  but  recently  and, 
therefore,  spoke  little  or  no  English.  In  some  instances  they  were 
not  aware  of  the  danger  that  threatened  their  children  or  were  unable 
to  avert  it.  Instances  were  found  where  young  childern  had  been  paid 
small  sums  or  bribed  by  candy  and  fruit  to  carry  messages  and 
wait  on  the  immoral  women.  In  time  these  boys  and  girls  learn  to 
direct  men  in  the  street  to  the  rooms  of  the  women  and  thereby  come 
into  close  contact  with  their  immoral  life.  One  day  an  investigator 
was  told  by  a 15  year  old  gii-1  where  he  would  find  women  of  tliis  class. 
This  information  was  given  in  the  presence  of  the  janitress  of  a tene- 
ment house  who  did  not  express  any  surprise  at  the  knowledge 
exhibited. 

Enfokcemlnt  of  the  Law. 

The  answer  to  the  first  question  raised,  namely,  has  the  activity 
against  tenement  house  violators  proved  effective,  is  clear.  The 
law  is  not  enforced.  That  conditions  necessitate  a more  thorough 
enforcement  appears  from  the  facts  that  the  Tenement  House  Depart- 
ment was  notified  of  but  25  per  cent,  of  the  oases  in  which  arrests  were 
made  by  the  police,  and  that  it  had  been  successful  in  but  44  per  cent, 
of  the  cases  against  which  action  had  been  taken.  Furthermore,  in 
the  course  of  a brief  investigation  of  places  against  which  complaints 
had  been  made,  at  least  one-third  more  violations  were  found  which 
had  never  been  reported  to  either  Tenement  or  Police  Departments. 
In  other  words,  the  Tenement  House  Department  reached  but  34 
per  cent,  of  the  violations,  and  this  did  not  include  massage  parlors 
and  women  who  only  occasionally  used  their  rooms  for  this  purpose. 
A conservative  estimate  based  upon  data  gathered  indicates  that  only 
about  one  in  every  five  tenements  in  which  prostitution  was  practiced 
was  reached  under  the  law. 

It  was  also  shown  that  in  65.9  per  cent,  of  the  cases  Avhere 
arrests  were  made,  the  cases  were  disposed  of  in  such  a way  that 
women  immediately  returned  to  their  immoral  life  in  tenements. 
This  is  a more  serious  matter  than  the  figures  indicate.  Prostitution 
in  a tenement  where  there  are  many  families  is  more  of  a menace  to 
the  social  welfare  than  in  a disorderly  house  where  no  domestic  life 
is  influenced.  The  moral  havoc  of  prostitution  in  tenements  is  not 
to  be  judged  by  the  number  of  houses  w'here  the  evil  exists,  but  by  the 
number  of  families  living  in  them,  with  childern  more  or  less  free 
from  parental  restraint,  their  location  in  congested  neighborhoods,  and 
the  facility  with  whicli  disease  and  vicious  practices  may  be  com- 
municated. 


14 


The  Social  Evil  in  New  York  City 


It  may  be  said  that  the  complaints,  arrests,  and  records  of  lack  of 
enforcement  do  not  tell  the  whole  story.  Doubtless  much  of  the  evil 
is  suppressed  through  fear,  and  an  honest  inspector  can  keep  his  dis- 
trict clean  if  he  is  in  earnest,  and  insists  that  plain  clothes  men  and 
officers  keep  a vigilant  eye  upon  suspicious  conditions  as  they  arise.  It 
is  by  no  means  always  necessary  to  make  complaints  and  arrests.  That 
conditions  are  not  worse  is  doubtless  due  to  the  threats  and  activity 
of  police  inspectors  and  captains.  Where  these  are  lacking,  the  law 
must  be  invoked.  Thereupon  the  second  question  arises : Wiry  is  the 
law  not  enforced? 

Causes  of  Non-enforcement  of  Law. 

The  causes  may  be  grouped  under  six  heads : (1)  Defects  in  the  law 
and  the  rules  of  evidence  as  interpreted  hy  the  courts.  (2)  Ineffi- 
cient methods  of  the  Tenement  House  Department.  (3)  Police  and 
court  methods.  (4)  Evasions  of  the  law.  (5)  Business  interests  of 
the  owner,  real  estate  agent,  janitor,  saloon  keeper,  and  others  who 
profit  from  the  social  evil.  (6)  Lack  of  public  interest,  and  of  organ- 
ized effort  on  the  part  of  citizens. 

Befects  in  the  Law. — The  nature  of  the  ethdence  required  for  con- 
viction and  the  attitude  of  officials  and  judges  charged  with  the 
enforcement  of  the  law  deter  the  police  from  making  arrests  and 
citizens  from  entering  complaint^.  Section  150  of  the  Tenement 
House  Law  clearly  states  that  a woman  is  a vagrant  if  she  knowingly 
resides  in  a house  of  prostitution  or  assignation  of  any  description 
in  a tenement  house,  for  the  purpose  of  prostitution  in  such  a house, 
or  if  she  solicits  any  man  or  boy  io  enter  a house  of  prostitution  or 
a room  in  a tenement  house  for  the  purpose  of  prostitution.^ 

It  would  appear  from  the  tvording  of  the  law  that  proof  of  the 
mere  act  of  solicitation  to  enter  a tenement  house  for  the  purpose  of 
prostitution  would  be  sufficient  evidence.  Many,  if  not  all  of  the 
magistrates,  however,  require  the  witness  to  swear  not  only  that  he 
was  solicited  to  enter,  hui  that  he  did  enter  the  tenement  house,,  paid 
a money  consideration^  and  that  the  prostitute  actually  exposed  her 
person  for  tifte  purpose  named.  According  to  the  Legal  Bureau  at 
police  headquarters  the  different  magistrates  as  a rale  agree  that 
such  evidence  must  be  submitted  before  they  will  convict  the  offender 
as  a vagrant. 

Detectives  and  police  officers  declare  that  obtaining  such  evidence 
is  most  distasteful  and  disgusting  work  and  they  do  not  like  to  be 
assigned  on  these  cases.  When  offering  the  required  evidence  thev  are 


* Appendix  I. 


Social  Conditions 


15 


frequently  subjected  to  a rigid  cross-examination  and  are  exposed  to 
sarcastic  remarks.  In  some  courts  efforts  are  often  made  by  the 
magistrates  to  belittle  their  testimony  and  they  are  ridiculed  and 
humilitated.  In  addition  to  the  humiliation  suffered  in  court  these 
men  are  'also  subjected  to  degrading  and  demoralizing  influences  in 
securing  the  evidence  required. 

So  long  as  this  interpretation  of  the  evidence  required  prevails 
and  the  attitude  of  many  of  the  magistrates  remains  as  it  is,  it  is 
not  possible  to  obtain  aggressive  and  honest  effort  on  the  part  of 
tenement  house  inspectors  and  police,  in  reporting  violations  of  the 
Tenement  House  Law. 

The  testimony  required  also  practically  estops  any  tenant  from 
complaining  and  bars  complaints  by  women.  A family  may  be  sub- 
jected daily  to  contact  with  immoral  tenants  and  may  witness  many 
scenes  which  harden  their  own  sensibilities  and  corrupt  their  children, 
but  it  cannot  comply  with  this  rule  of  evidence  and  take  any  legal  steps 
to  remove  the  cause.  The  best  it  can  do  with  loss  of  time  and  money, 
is  to  move  to  another  tenement,  with  no  guarantee  that  it  will  not  find 
similar  conditions  therein. 

Even  when  an  honest  effort  is  made  by  the  police  or  inspectors  and 
the  offender  is  committed  to  the  workhouse  for  six  months,  as  the 
law  directs.  Sections  707-710  of  the  Charter  are  invoked,  and  she  may 
escape  with  a short  imprisonment.^ 

During  the  past  year  there  has  been  much  discussion  regarding 
the  power  of  the  Commisioner  of  Corrections  under  these  Charter 
provisions  to  release,  without  the  consent  of  the  committing  magistrate, 
offenders  committed  to  the  workhouse  upon  a vagrancy  charge  under  a 
cumulative  sentence.  In  a recent  decision  it  was  held  that  this  con- 
sent must  be  given  prior  to  the  discharge  of  a prisoner  before  the 
expiration  of  the  sentence.^  It  has  also  been  questioned  whether  a 
magistrate  really  has  the  power  to  release  a vagrant  before  the  sen- 
tence of  6 months  has  expired.® 

It  is  clear,  therefore,  that  there  are  obstacles  to  the  enforcement 
of  the  laws,  which  prevent  arrests,  and  which  make  it  easy  to  escape 
punishment  after  conviction.^ 

Inefficient  Methods  of  the  Tenement  House  Department. — Admit- 
ting the  difficulties  of  enforcement  in  the  courts,  it  is  unquestionably 
true,  as  the  recent  head  of  the  Tenement  House  Department  has 

’■  See  Appendix  XIV  A for  provisions  of  the  law  : and  Table  XV'. 

^ See  .Vppeudix  XV'I  for  abstract  from  the  decision. 

■■  Report  on  a Special  Examination  of  the  Accounts  and  Methods  of  the  Night 
Court  by  the  Commissoners  of  Accounts,  pa.ge  lOS. 

For  length  of  sentence  and  time  served  in  workhouse,  see  Table  XXV'IlI. 


16 


The  Social  Evil  in  New  York  City 


said,  that  the  public  is  more  interested  in  sanitary  conditions  in  tene- 
ments than  in  the  moral  conditions.  The  Department,  therefore,  pa3'3 
little  attention  to  this  matter,  leaving  it  largely  to  the  police  and 
acting  only  when  complaints  are  received,  and  then  in  a perfunctory 
way.  A former  employee  of  the  Department  says  on  this  matter: 

“It  is  absolutely  impossible  to  keep  a tenement  house  free  from  disorderly 
characters  upon  one  inspection,  and  that  made  by  a uniformed  officer.  You 
might  as  well  send  a brass  band,  ft  is  not  a real  inspection  at  all.  In  many 
cases  the  officer  takes  the  word  of  some  neighbor  or  janitor,  and  there  have 
been  cases  where  money  has  passed  for  favorable  reports.  What  the  Depart- 
ment needs  is  frequent  reports  by  rnen  who  are  known  to  be  O.  K.  The 
men  should  come  to  know  the  suspicious  tenants  at  sight,  then  it  would  not 
be  so  easy  for  a woman  to  change  her  name.” 

Tliis  method  of  changing  the  name  is  an  old  one,  some  women  even 
finding  a sufficient  protection  in  merely  changing  the  spelling  of  the 
first  name.  In  one  instance  the  name  given  was  “Molly,’’  and  when 
arrested  again  within  two  or  three  days  it  was  “Mollie.”  The  records 
did  not  indicate  that  she  was  recognized  as  the  same  person,  and  dealt 
with  accordingly.  If  a report  “cause  of  complaint  removed”  is  made  in 
good  faith,  it  is  not  true  perhaps  an  hour  or  a day  after  the  inspection 
is  made.  It  is  a fact  that  such  tenants  often  return  to  the  prem- 
ises almost  immediately,  if  not  to  the  same  house,  then  next  door  or 
in  the  same  block. 

The  responsibility  for  proceeding  against  an  ovmer  or  agent  rests 
with  the  Department.  A taxpayer  mat^  proceed  only  when  he  has 
made  a complaint  in  writing  to  the  Department  and  the  latter  does 
not  act  within  ten  days.  In  view  of  the  conditions  found  and  the 
fact  tliat  not  one  action  lias  been  brought  to  recover  the  $1,UUU  fine 
since  the  Department  was  created,  though  a number  of  persons  have 
been  adjudged  guilty  of  practicing  prostitution  in  tenements,  it  is 
clear  that  that  part  of  the  law  relating  to  owners  and  agents  is  not 
enforced. 

Police  and  Court  Methods. — lYnere  the  enforcement  of  a law  de- 
pends upon  two  separate  bodies,  co-operation  is  most  necessarj'.  Lack 
of  enforcement  is  partly  due  to  the  failure  of  the  police  to  report 
cases  to  the  Tenement  House  Department.  There  is  little  co-operation 
between  courts  and  police,  as  has  been  shown  by  the  court  reconk. 

In  addition,  during  this  investigation  of  disorderly  places  in  tene- 
ments, conditions  liavc  l^een  found  wliich  could  not  have  existed 
without  the  connivance  of  the  police.  Prostitutes  have  been  arrested 
in  tenement  houses  as  blinds  to  satisfv  the  neighbors  who  complained- 
In  1908  such  arrests  were  made  on  Second  Street.  . After  each  arrest 
the  women  returned  to  the  premises  and  conducted  their  Imsiness  as 
before.  A wardman  acknowledged  that  he  received  as  much  as  S25 


Social  Conditions 


17 


a month  from  a disorderly  house  located  in  a tenement,  and  that  the 
money  was  paid  through  an  employee  connected  with  a nearby  saloon. 
Another  woman  who  conducted  a disorderly  place  in  a tenement  on 
East  Fourth  Street  admitted  that  she  paid  police  protection.  She 
was  arrested  by  special  officers  sent  into  the  district,  but  was  dis- 
charged in  the  Magistrates’  Court,  and  was  running  her  business  as 
usual  ten  days  afterward.  In  another  case  an  apartment  in  a tenement 
house  on  West  35th  Street,  was  complained  against  time  and  again, 
but  the  conditions  remained  unchanged.  The  proprietor  of  this  dis- 
orderly flat  was  told  hy  a policeman  to  run  her  place  more  quietly 
as  the  neighbors  Avere  complaining,  whereupon  she  angrily  replied 
that  she  was  paying  $60  a month  to  his  captain,  and  wanted  to  know 
how  she  could  continue  to  pay  this  sum  if  she  had  to  run  quietly.  A 
person  who  contemplated  opening  a disorderly  massage  parlor  in  a 
tenement  on  West  64th  Street  was  advised  to  see  a certain  police 
official  before  the  place  began  to  do  business. 

The  data,  however,  show  that,  as  a rule,  the  police  are  averse  to 
taking  money  from  disorderly  women  in  tenements,  and  there  is  prob- 
ably less  grafting  here  than  is  the  case  with  vice  under  anj'’  other 
conditions.  Policemen  are  sometimes  charged  Avith  taking  money 
from  prostitutes  in  tenements,  Avhen  as  a matter  of  fact  it  never 
reaches  them,  but  goes  to  the  janitor,  agent  or  oAAmer.  As  an  illus- 
tration, a Avoman  paid  $50  a month  to  an  agent  for  two  small  rooms 
in  a tenement  for  immoral  purposes.  The  regular  price  of  these  rooms 
Avas  $13  per  month.  In  addition  to  the  $50,  she  Avas  persuaded  by  the 
janitor  to  contribute  $10  extra,  and  was  told  that  this  sum  would  pro- 
tect her  from  police  interference.  One  night  her  apartment  was 
raided  and  she  indignantly  demanded  why  it  had  been  done  as  she 
had  paid  for  protection.  She  was  finally  convinced  that  her  money 
had  never  reached  the  officer. 

Evasions  of  the  Luav. — Tlie  so-called  cafes  and  lunch  rooms  on  Ihe 
first  floors  of  tenements  or  in  the  basements  are  in  some  instances 
merely  blinds.  They  contain  a few  tables  and  chairs,  and  the  windows 
are  covered  Avith  thick  curtains.  Women  or  girls  Avait  on  ihe  tables, 
and  if  they  are  not  sus]iicious  Avill  invite  a customer  into  a rear  room. 
Stationery  and  small  cigar  stores  sometimes  serve  the  same  purpose. 
This  is  particularly  true  in  Brooklyn,  where  men  Avhile  buying  a cigar 
over  the  counter  are  openly  solicited  to  go  upstairs  in  a tenement. 
In  one  stationeiy  store  a young  man  was  let  through  a door  cunningly 
concealed  in  the  Avail  back  of  the  counter  into  a separate  room  where 
there  were  several  immoral  Avomen.  Many  of  the  lunch  rooms,  cigar 
and  stationery  stores,  soda  Avater  and  ice  cream  parlors  and  candy 


18 


The  Social  Evil  in  New  York  City 


stores  serve  as  meeting  places  for  women  of  the  street  and  their 
protectors,  who  live  in  the  tenements.  They  are  particularly  dangerous 
because  unsuspecting  girls  from  tenement  houses  come  in  for  ice 
cream,  soda  water  and  candy,  and  in  this  way  meet  procurers.  As  an 
illustration,  two  young  girls  living  in  a congested  tenement  district 
on  the  West  Side  who  were  recently  rescued  from  two  young  men  who 
were  members  of  a gang,  said  the  meeting  place  of  the  gang  was  in  a 
candy  store. 

Another  way  of  evading  the  law  is  by  the  use  of  telephones. 
The  Penal  Law,  Sections  488,  490,  prohibits  a corporation  or  person 
employing  messenger  boys,  from  placing  or  permitting  to  remain  in  a 
disorderly  house  any  instrument  or  device  by  which  communication 
may  be  had  with  their  offices  or  places  of  business.’-  Of  214  addresses 
of  suspected  houses,  known  as  “call  houses,”  132  were  in  tenements. 
A “call  house”  is  the  term  used  where  immoral  women  living  in  apart- 
ments supply  their  patrons  by  telephoning  to  certain  other  places  for 
girls  to  come  in. 

Advertising  is  another  means  resorted  to  in  order  to  avoid  solicit- 
ing or  other  methods  which  might  attract  attention.  Advertisements 
are  so  cunningly  worded  that  only  a visit  to  the  resort  reveals  the 
actual  condition. 

Business  Interests.- — These  are  probably  the  most  powerful  agen- 
cies in  preventing  the  enforcement  of  the  law.  They  include  the 
owner,  real  estate  agent,  janitor,  saloon  keeper,  and  others  who  profit 
from  the  social  evil. 

As  previously  showm,  not  one  oivner  was  brought  into  court  under 
Section  151  of  the  Tenement  House  Law  during  a period  of  six 
years  and  three  months,  although  in  one  case  13  complaints  were  filed 
against  one  tenement  and  8 against  another,  and  many  arrests  have 
been  made  for  violations  of  the  law. 

The  law  gives  an  ovmer  five  days  in  which  to  comply  with  the 
order  from  the  Tenement  House  Department  to  evict  the  suspected 
persons.  Unprincipled  mvners  have  taken  advantage  of  this  provision 
and  resorted  to  all  sorts  of  excuses  and  subterfuges  to  extend  the  time, 
and,  if  possible  to  retain  their  disorderly  tenants.  More  respect-able 
owners  sometimes  place  their  property  in  the  hands  of  agents  three  and 
four  times  removed,  or  hide  behind  long  time  leases,  so  that  they  may 
never  know  personally  the  source  of  their  income  from  rentals.  Other 
owners  who  handle  their  own  property  and  know  the  character  of  their 
tenants  sometimes  change  the  name  in  the  lease  or  change  the  sus- 
pected tenant  from  one  apartment  to  another  in  the  same  house ; then. 


^ Law  Relating  te  Messenger  Boys.  Appendix  XXXI. 


Social  Conditions 


19 


ivlien  another  inspection  is  made  the  parties  complained  against  can- 
not be  found  and  the  complaint  is  dismissed.  Where  the  violation  is 
flagrant,  and  no  other  course  is  left  but  eviction,  the  owner  will  beg 
for  an  extension  of  time  to  collect  back  rent  before  he  dispossesses  the 
disorderly  tenant. 

Tenement  houses  containing  two,  three  or  four  room  apartments 
are  sometimes  built  with  the  avowed  purpose  of  being  rented  to 
disorderly  men  and  women,  with  a few  other  families  to  lend  respect- 
ability. Disorderly  persons  are  charged  a higher  rental.  Sometimes 
they  pay  twice  as  much  as  the  respectable  families,  and  rent  by  the 
week  instead  of  by  the  month.  A typical  case  is  a large  tenement 
on  East  14th  Street.  This  house  contains  flats  consisting  of  two  or 
three  rooms  completely  furnished.  Formerly  the  oivner  sold  jewelry 
and  clothes  to  his  disorderly  tenants,  and  furnished  bail  for  them 
when  arrested.  At  intervals  some  of  the  women  were  dispossessed 
because  of  complaints  from  neighbors,  but  it  is  a well-known  fact  that 
they  returned  in  a day  or  two  to  the  same  rooms,  sometimes  under 
different  names. 

Where  women  pay  $10  or  $12  per  w'eek  lor  apartments  while 
men  with  families  pay  only  $20  and  $25-  per  month  for  the  same  num- 
ber of  rooms  in  the  same  neighborhood  or  in  the  same  house,  owners 
must  surely  know  the  character  of  the  tenants.  During  this  investiga- 
tion two  owners  of  tenements  came  to  a Magistrates’  Court  and  bailed 
out  immoral  women  who  had  been  arrested  in  their  houses.  One 
owner  came  to  a similar  court  twice  in  one  week  for  that  purpose. 
An  investigation  in  the  latter  case  showed  that  the  women  who  had 
been  ordered  to  move  were  in  another  apartment  in  the  satne  house, 
under  different  names. 

Eeal  estate  agents  who  make  a business  of  renting  apartments  in 
tenements  are  an  important  factor  in  the  non-enforcement  of  the  law. 
They  come  into  direct  contact  with  the  tenants  and  attend  to  all  of 
the  details  of  leasing  and  collecting  rents.  They  advise  the  prospec- 
tive disorderly  tenant  in  the  matter  of  evasions  of  the  law,  offer  to 
change  the  name  in  leases  whenever  necessary  to  deceive  the  authori- 
ties, and  in  return  increase  the  rent,  often  putting  the  extra  money  in 
their  pockets. 

One  real  estate  agent  on  tlie  West  Side  entered  into  an  agreement 
to  rent  a part  of  a tenement  house  for  a sum  much  larger  than  the 
regular  price,  and  actually  offered  to  make  out  new  leases,  change  the 
names,  and  do  everything  in  his  power  to  aid  in  evading  the  law. 
Another  real  estate  agent  declared  that  this  was  done  frequently,  and 
instanced  a case  on  West  15th  Street.  He  said  also  that  he  did  not 


20 


The  Social  Evil  in  New  York  City 


profit  by  such  business,  but  had  a collector  at  one  time  who  secured 
$250  graft  money  from  one  of  his  tenants. 

Janitors  come  into  closer  contact  with  disorderly  women  in  tene- 
ments than  do  either  the  owners  or  real  estate  agents.  They  soon  learn 
the  character  of  the  people  in  the  house,  and  while  their  price  for 
silence  or  protection  is  not  large,  many  of  them  nevertheless  insist 
upon  their  share  of  the  toll.  Disorderly  women  know  the  value  of  the 
connivance  of  the  janitor  and  his  vdfe.  Services  are  rewarded  with 
small  sums  of  money,  or  presents  of  fruit  and  candy  for  the  children, 
and  in  return  they  receive  special  considerations  and  privileges  in  the 
house  which  facilitate  their  night  business. 

One  janitor  gives  the  following  typical  instance  illustrating  the 
insidious  efforts  made  by  an  immoral  tenant  to  gain  the  good  graces  of 
himself,  his  wife,  and  three  young  children,  a boy  and  two  girls. 
When  the  woman  came  to  the  tenement  with  her  “^niece,”  she  gave  a 
reference,  and  appeared  to  be  a desirable  tenant.  On  the  day  of  her 
arrival  she  gave  the  janitor's  wife  one  dollar  for  directing  the  man 
with  her  furniture  to  the  apartment  she  was  to  occupy.  Every  day 
she  greeted  the  janitor  and  his  wife  pleasantly  and  invited  the  children 
to  her  rooms,  giving  them  fruit  and  candy.  Not  long  after  their 
arrival  a complaint  was  made  against  them  by  a family  in  the  same 
house  consisting  of  a man  and  wife,  six  children  and  a boarder.  An 
investigation  showed  that  the  two  women  were  not  related,  and  were 
conducting  an  immoral  business.  After  some  difficulty  they  were  dis- 
possessed and  took  rooms  in  a tenement  on  Cherry  Street,  where  thev 
afterwards  carried  on  their  business  more  openly. 

^ An  immoral  woman  living  in  a tenement  on  East  7th  Street  paid 
$13  per  month  for  two  small  rooms.  In  addition  she  gave  the  janitors 
wife  $5  every  month  to  prevent  her  from  making  a complaint.  This 
woman  has  a notorious  record,  and  constantly  moves  from  one  tene- 
ment to  another.  A young  man  secures  patrons  for  her  by  distribut- 
ing cards  in  saloons  and  public  places.  Another  immoral  woman 
while  occupying  a room  in  a tenement  on  Avenue  B paid  the  janitor 
$2  every  week  to  keep  quiet,  and  to  aid  her  in  carrving  on  her 
business  without  molestation. 

There  is  a determined  effort  on  the  part  of  some  of  the  janitors 
to  break  up  this  graft.  An  organization  known  as  the  Janitors' 
Society  of  New  A^ork  City  has  its  headquarters  on  the  East  Side.  The 
object  of  this  organization  is  to  train  janitors  in  their  duties,  and  to 
find  positions  for  members.  One  of  the  important  obligations  imposed 
upon  members  is  to  report  to  the  secretary  instances  of  immoralitv  in 
their  houses.  This  information  is  turned  over  to  the  police  and  an 


Social  Conditions 


21 


effort  is  made  by  the  sec-retary  to  see  that  conditions  are  improved. 
Some  of  the  members  of  this  society  state  that  the  temptation  to  eke 
out  their  small  salaries  by  taking  money  from  immoral  women  in  tene- 
ments is  very  great,  and  that  the  opportunities  are  numerous. 

Some  of  the  saloons  of  the  city  bear  relations  to  tenements  similar 
to  those  of  Eaines  Law  hotels.  In  congested  districts  many  of  these 
saloons  occupy  the  ground  floor  of  tenements.  The  rear  rooms  are 
frequented  by  immoral  women  ivho  live  in  nearby  tenements.  If  the 
prospective  patron  arouses  no  suspicion  he  is  invited  to  an  apartment 
in  a tenement  rather  than  to  a Eaines  Law  hotel.  In  this  way 
women  gradually  form  acquaintances,  and  soon  have  a list  of  friends 
who  call  at  intervals  at  their  apartments.  A supply  of  liquor  is  often 
kept  in  many  of  the  apartments  and  is  sold  for  double  the  regular 
price  liy  the  woman  who  conducts  the  business. 

Women  who  use  the  rear  rooms  of  saloons  as  soliciting  places  for 
apartments  in  tenements,  are  compelled  to  pay  more  or  less  protection 
money.  This  is  frequently  paid  through  some  employee  of  the  saloon. 
As  illustrations,  instances  Avere  found  on  East  Second  Street.  The 
saloon  occupied  the  ground  floor  of  a front  tenement  and  an  employee 
in  this  place  admitted  he  paid  a ivardman  $25  each  month  on  behalf 
of  a madam  who  conducted  a disorderly  place  in  a rear  tenement. 
On  West  58th  Street  there  is  a large  apartment  house,  Avhich  con- 
tained three  disorderly  places  whei'e  liquor  ivas  sold.  The  woman  who 
conducted  these  places  gave  money  to  the  bell  boy,  the  janitor,  and  the 
policeman  on  the  beat.  The  agent  of  this  and  other  apartment  houses 
in  the  vicinity  receii^ed  $25  to  $50  a month  over  the  regular  rental 
price. 

SUMMAUy. 


First. — Although  there  are  many  civic  organizations  and  com- 
mittees interested  in  tenement  house  reform,  none  is  paying  any 
attention  to  conditions  of  immorality  and  there  is  no  organized  public 
sentiment  regarding  the  subject,  such  as  the  Department  admits  in- 
fluences its  aciiuty  in  the  matter  of  sanitary  and  building  conditions. 
'Phis  is  the  responsibility  of  the  citizen. 

Second. — The  enforcement  of  the  law  is  clearly  divided  lietween 
the  Tenement  House  and  Police  Departments  and  its  success  depends 
upon  co-operation  between  the  two.  The  Tenement  Llouse  Depart- 
ment has  no  system  for  ascertaining  each  day  the  police  captains’ 
records  and  court  cases  against  immoral  women  in  tenements,  and  lacks 
the  initiative  which  it  shows  in  enforcing  other  provisions  of  the  law 
where  the  Building  and  Health  Departments  are  also  concerned.  This 
is  the  responsibility  of  the  Departments. 


22 


The  Social  Evil  in  New  York  City 


Third. — The  provisions  of  the  Law  whereby  an  owner  or  agent  is 
made  responsible  for  the  character  of  his  tenants  is  a dead  letter.  It 
is  clear  that  he  can  take  his  time,  evade  the  law,  and  resort  to  such 
devices  as  evicting  disorderly  tenants  for  a day  or  two,  but  that  he 
is  never  in  danger  of  an  action  to  recover  the  $1,000  penalty  or  of 
the  attending  publicity.  This  is  the  responsibility  of  business  interests. 

Fourth.— The  futility  of  making  arrests  under  the  prevailing 
interpretation  of  the  evidence  required  is  apparent  from  the  disposition 
of  cases  in  the  Courts. 

Fifth. — The  ease  with  which  complaints  may  be  changed  from 
Tenement  House  violations  to  violations  of  other  laws,  with  no  check- 
ing up  or  interest  on  the  part  of  any  Department  or  other  interested 
body  nullifies  the  effectiveness  of  the  law. 

Sixth. — The  burden  of  punishment,  such  as  it  is,  falls  almost 
entirely  upon  the  women.  The  men  who  facilitate  prostitution  and 
protect  prostitutes  escape  on  minor  charges,  although  they  also  live 
in  tenements  and  on  the  proceeds  of  prostitution. 

DISOEDEELY  HOUSE  LAWS. 

Private  houses  or  apartments,  used  exclusively  for  disorderly  pur- 
poses, constitute  the  most  generally  known  phase  of  the  social  evil. 
The  power  to  deal  with  disorderly  houses  is  vested  in  two  bodies,  the 
State  Legislature  and  the  City  Board  of  Aldermen. 

Provisions  of  the  Laws. 

State  Laws. — The  Legislature  has  passed  three  laws  which  apply 
directly  to  disorderly  places.  Two  of  these  were  passed  in  1881.  Sec- 
tion 1146  of  the  Penal  Law,  as  amended  in  1905,  defines  a disorderly 
place  and  provides  that  any  person  who  keeps  such  a place  or  advises 
or  procures  any  woman  to  become  an  inmate  of  such  a place  is  guilt}* 
of  a misdemeanor.^. 

Sections  899-911  of  the  Code  of  Criminal  Procedure  strengthen 
the  preceding  law  by  providing  that  any  person  is  disorderly  who 
keeps  a house  or  place  used  as  a resort  by  prostitutes,  drunkards, 
gamesters,  habitual  criminals  or  by  other  disorderly  persons.- 

Section  1530  of  the  Penal  Law,  as  amended  in  1901,  defines  a pub- 
lic nuisance  to  include  places  which  offend  public  decency,  or  injure 
the  comfort,  repose,  health  or  safety  of  any  considerable  number  of 
persons.  A person  who  maintains  a public  nuisance  or  who  willfully 


1 For  test  of  law  see  Appendix  II. 
^ For  text  of  law  see  Appendix  IV. 


Social  Conditions 


23 


omits  or  refuses  to  perform  any  legal  duty  relating  to  its  removal,  is 
guilty  of  a misdemeanor d 

Board  of  Aldermen. — ^Tlie  Charter  gives  to  the  Board  of  Aldermen 
of  ISTeiv  York  City  the  power  to  pass  ordinances,  rules,  regulations  and 
by-laws  “to  the  more  effectual  suppression  of  vice  and  immorality,  and 
the  preserving  of  peace  and  good  order  in  said  city.”  The  Board  is 
also  charged  with  the  faithful  execution  of  laws  and  ordinances  and 
may  appoint  special  committees  to  see  that  heads  of  city  departments 
and  officials  are  faithful  in  the  discharge  of  their  duties  in  regard  to 
these  rules  and  regulations.^ 

The  attention  of  the  Board  of  Aldermen  as  a whole  is  called  to 
disorderly  conditions  in  the  city  through  local  improvement  boards. 
These  boards  number  twenty-five,  and  are  made  up  of  the  Borough 
President  as  chairman,  and  the  Alderman  residing  in  each  local  im- 
provement district.  Among  other  things,  the  local  boards  are  author- 
ized to  hear  complaints  and  pass  resolutions  pertaining  to  disorderly 
conditions  in  the  several  districts  of  the  city.  These  resolutions  are 
submitted  to  the  Mayor  for  approval. 

Police  Department. — The  Charter  defines  the  duties  and  responsi- 
bilities of  the  Police  Commissioner  and  members  of  the  force  for  the 
proper  execution  of  the  laws.  It  states  explicitly  that  the  Police  De- 
partment shall  carefully  observe  and  inspect  all  houses  of  ill-fame  and 
houses  where  common  prostitutes  resort  or  reside  and  prevent  the 
violation  of  all  laws  and  ordinances  in  force  in  the  city.  In  pur- 
suance thereof  the  Police  Board  of  the  city  formulates  police  rules  and 
regulations.  Any  violation  of  these  or  any  neglect  of  duty  by  police 
officers  may  be  made  the  basis  of  written  charges  for  removal,  which 
may  be  laid  before  the  Police  Commissioner.® 

Among  other  things  the  police  rules  provide  that  each  police  cap- 
tain must  report  to  the  Commissioner  all  places  in  /his  precinct  where 
disorderly,  degraded  or  lawless  people  congregate,  and  must  also  give 
notice  in  writing  to  the  owner,  lessee  or  occupant,  that  such  room  or 
building  is  so  used,  and  that  such  use  constitutes  a misdemeanor.  If 
the  owner,  lessee  or  occupant  does  not  abate  the  nuisance  the  captain 
is  empowered  to  obtain  a warrant  for  his  arrest  and  prosecute  him  as 
required  by  law. 

In  addition  to  this,  each  captain  is  required  to  make  charges  of 
neglect  of  duty  against  any  patrolman  who  fails  to  discover  a serious 
breach  of  peace  on  his  post,  or  fails  to  arrest  an}!-  person  guilty  of  such 
offense.  If  a house  is  under  suspicion  of  being  disorderly  or  is  so  in 


’ For  text  of  law  see  Appendix  III. 
‘ For  text  see  Appendix  V. 

® For  text  see  .Appendix  VI. 


24 


The  iSociAL  Evil  in  New  York  City 


fact,  the  oflficer  on  the  beat  is  required  to  restrain  acts  of  disorder,  pre- 
vent soliciting  from  windows,  doors,  or  on  the  streets,  and  to  arrest 
all  persons  so  doing.  He  must  also  carefully  observe  all  other  places 
of  a suspicious  nature,  obtain  evidence  as  to  the  character  and  ovmer- 
ship  ©f  such  houses  and  report  the  same  to  his  commanding  officer.^ 

It  therefore  appears  that  the  disorderly  house  may  be  proceeded 
against  first,  l)y  arresting  the  keeper  of,  or  procurer  for  a disorderly 
place ; second,  by  arresting  the  keeper  of  a resort  for  disorderly  persons ; 
third,  by  arresting  persons  for  soliciting.  If  these  prove  insufficient, 
the  Board  of  Aldermen  may  pass  ordinances,  or  appoint  special  com- 
mittees to  see  that  heads  of  departments  faithfully  discharge  their 
duties,  and  as  a last  resort  the  citizen  may  ask  for  hearings  before  local 
improvement  boards.  If  police  officers  do  not  close  these  places  or 
arrest  owners  of  premises  where  disorderly  conditions  prevail,  they 
may  be  removed  for  neglect  of  duty.  If  the  disorderly  house  is  in  a 
tenement,  the  Tenement  House  Law  may  be  invoked.^  If  the  inmates 
and  procurers  have  no  visible  means  of  support,  the  vagrancy  law 
may  lie  resorted  to,"’  or  they  ma}'  be  arrested  for  disorderly  conduct.^ 

Conditions  Leading  to  P^vssage  of  the  Law. 

State  Laws.— Curiously  enough  the  conditions  which  these  laws 
and  regulations  sought  to  eradicate  are  best  shown  by  a review  of 
conditions  during  the  period  from  January,  1905.  to  October,  1907, 
a quarter  of  a century  after  the  laws  were  passed.  These  are  regarded 
as  the  “banner  years”  in  the  disorderly  house  business.  During  this 
time  112  disorderly  private  houses  were  investigated.®  Of  these  75 
per  cent,  were  constantly  open,  the  remainder  running  spasmodically. 
The  majority  were  “dollar  houses,”  and  were  located  in  the  lower  part 
of  the  “Tenderloin”  from  West  24th  to  West  40th  streets.  There  were 
a few  “five-dollar  houses”  on  the  side  streets  from  West  41st  street  to 
West  60th  street. 

Methods  in  Disorderly  Places. — The  number  of  women  in  each 
of  these  “parlor  houses”  ranged  from  10  to  30,  and  were  in  charge  of 
madames.  The  proprietors  were  usually  men  who  seldom  visited 
their  houses,  but  sent  collectors  each  day  for  the  proceeds  of  the  night 
before.  The  inmates  of  many  of  the  lower  priced  houses  were  poorly 
fed  and  exploited  in  various  ways  by  the  madames  and  proprietors. 
AVhen  a Avoman  received  a patron  the  money  Avas  immediately  collected 

' Appendix  VI. 

-For  Tenement  House  Cases  see  Tallies  A'.  X. 

^Vagrancy  Cases,  see  Tables  XA',  XA'lIl.  XXA'II.  XXA'III. 

* Disorderly  Conduct  Cases,  see  Table  XXA'I. 

^ The  number  of  houses  given  here  represents  only  those  investigated,  and 
not  the  total  number  of  houses  in  existence. 


Social  Conditions 


25 


and  turned  over  to  the  madamc,  and  a metal  check  was  given  in  return. 
At  the  end  of  the  week,  the  women  were  given  half  of  the  money  which 
tliey  had  earned,  after  the  week’s  board  amounting  from  $10  to  $15, 
the  doctors’  fees,  pa3Tnents  for  drinks,  and  sums  due  for  clothes  pur- 
chased from  the  proprietors  of  the  houses,  had  been  deducted.  Some 
of  the  proprietors  compelled  the  women  to  pay  from  300  to  400  per 
cent,  above  the  regular  market  price  for  clothes  purchased  from  them. 

“Sitting  in  company”  was  one  of  the  features  in  some  of  these 
houses.  This  system  did  not  apply  to  inmates,  but  to  women  who  had 
the  privilege  of  the  house  during  certain  nights  of  the  week,  usually 
Saturday  and  Sunday,  for  the  purpose  of  earning  extra  money.  In 
some  instances  they  were  poorly  paid  shop  and  factory  employees, 
unemployed  women  and  friends  of  the  inmates.  In  other  cases  they 
were  victims  of  men  who  had  led  them  astray  in  order  that  they  might 
live  off  their  earnings  without  selling  tlieni  directly  to  the  madames. 

During  this  period  over  200  men  were  connected  in  various  capaci- 
ties with  the  disorderly  houses  which  were  known  to  be  in  operation. 
They  were  procurers  for  the  houses,  protectors  of  women  on  the  street, 
assistants  in  robberies,  errand  hoys,  and  solicitors  for  patrons.  They 
distributed  cards,  accosted  men  on  the  street,  and  in  other  ivays  adver- 
tised the  house.  One  evening  an  investigator  was  given  eighteen  dif- 
ferent cards  by  men  in  the  “Tenderloin”  containing  street  addresses  of 
disorderly  houses. 

Suppression  of  Disorderly  Houses. — An  attempt  was  made  in  1906 
to  suppress  these  disorderly  houses  in  the  20th  Police  Precinct,  now 
known  as  the  22d.  The  boundaries  of  this  precinct  are  27th  Street, 
7 th  Avenue,  42  d Street,  North  River.  As  a result  of  the  activity  of 
the  captain  of  this  precinct  practically  all  of  the  houses  in  West  40th 
Street,  were  suppressed.  When  the  keepers  and  owners  found  they 
could  not  conduct  their  business  openly,  they  moved  into  the  19th 
police  precinct,  now  the  23d.  the  boundaries  of  which  are  27th  Street, 
7th  Avenue,  42d  Street  Park  Avenue  to  westerly  side  of  tunnel,  4th 
Avenue.  In  January,  1907,  a new  inspector  was  placed  in  command 
of  the  Third  Inspection  District,  which  included  the  19th  police  pre- 
cinct, and  from  this  date  until  October  of  the  same  year  the  disorderly 
house  business  flourished  again  in  this  section. 

In  August,  1907,  tlie  Federal  Immigration  authorities  began  a 
study  of  conditions  in  the  “Tenderlion”  to  ascertain  the  extent  of 
the  “White  Slave”  trade.  Commissioner  of  Immigration  Watchom 
also  appointed  a special  inspector  for  the  same  purpose.  In  order  to 
facilitate  their  work  both  of  these  agencies  asked  Police  Commissioner 
Bingham’s  co-operation  and  he  had  a number  of  suspicious  houses 


26 


The  Social  Evil  ix  New  York  City 


raided.  Police  officers  were  then  placed  in  front  of  many  of  the  dis- 
orderly houses,  and  visitors  were  warned  not  to  enter  the  premises. 

An  investigation  made  during  this  time  by  a social  organization 
shows  that  the  efforts  made  to  suppress  disorderly  houses  by  placing 
officers  in  front  of  them  were  practically  useless.  In  one  instance 
two  investigators  attempted  to  visit  a house  on  West  32d  Street. 
The  “madam”  at  the  door  told  the  men  that  her  house  had  been  closed 
but  would  reopen  in  a few  days.  She  then  directed  the  visitors  to  a 
house  a few  doors  away  and  said  that  although  a policeman  stood  in 
front,  he  was  a good  fellow  and  would  not  trouble  them,  a statement 
which  they  found  to  be  true. 

This  method  of  suppressing  disorderly  houses  was  followed  gen- 
erally until  the  city  press  began  to  attack  conditions  in  the  “Tender- 
loin.” District  ilttorney  Jerome  then  sent  Detective  Eeardon  and  five 
other  men  into  the  disorderly  section  in  October,  1907,  to  suppress 
these  places.  According  to  newspaper  statements,  they  turned  over 
800  women  out  of  these  houses  in  one  night  into  the  streets.  The 
women  went  into  rear  rooms  of  saloons,  Eaines  Law  Hotels,  tenement 
houses  and  massage  parlors. 

Protection. — Such  conditions  could  not  have  existed  in  defiance 
of  the  laws  except  through  the  payment  of  protection  money,  through 
favors  shown  politicians  interested  in  houses  of  this  character,  and 
through  political  preferment  of  lawyers,  magistrates  and  Judges, 
and  other  rewards.  These  practices  were  not  unlike  those  found  by 
the  Lexow  Committee  in  1895.  In  a recent  interview  a collector 
for  the  police  in  the  “Tenderloin”  during  the  period  described, 
stated  that  the  amounts  paid  by  the  large  houses  varied  from  $400  to 
$600  per  month.  As  an  illustration,  the  amounts  paid  each  month 
by  a proprietor  of  a house  on  27th  Street,  wliich  contained  thirty 
women  were  as  follows:  Plain  clothes  men  $205;  patrolmen  $184; 
inspectors  $100 ; sergeants  in  plain  clothes  $40 ; sergeants  in  uniform 
$50;  total  $529.  In  general,  money  paid  for  protection  was  distrib- 
uted about  as  follows:  Policemen  on  post  from  8 A.M.  to  2 P.H. 
$1.00,  from  2 P.  M.  to  8 P.  M.,  $2.00,  from  8 P.  M.  to  2 A.  M..  $2.00, 
and  on  Saturday  and  Sunday  an  additional  $1.00 ; sergeants  on  patrol, 
$5.00  every  two  weeks,  lieutenants  getting  50  per  cent,  of  this  amount. 
The  captain  of  the  precinct  at  this  time  did  not  receive  anything,  but 
was  given  to  understand  by  the  inspector  that  he  was  “'to  keep  his 
hands  off.”  The  inspector  received  $250  as  a first  pa^unent.  called  an 
initiation  fee,  and  $100  every  month.  Sergeants  and  detectives  were 
given  $10.00  every  two  weeks,  and  the  ordinary  plain  clothes  men 
$5.00  eveiy  two  weeks  in  addition  to  presents  of  hats,  ties.  etc. 


Social  Conditions 


27 


After  the  raids  men  from  the  District  Attorney’s  office  in 
October,  1907,  a few  efforts  were  made  to  open  the  resorts  again. 
These  efforts,  however,  were  not  altogether  succssful,  for  about  this 
time  the  Federal  authorities  began  to  do  effective  work  in  tracing 
French  women  who  had  been  imported  into  this  country.  As  a result 
of  their  efforts,  55  applications  were  made  for  warrants  for  alien 
prostitutes.  Of  the  41  actually  arrested,  30  were  ordered  and  26 
actually  deported,  seven  cases  are  still  pending,  and  four  were  dis- 
charged. The  others  left  the  country  or  disappeared.^ 

Actions  Against  Disorderly  Places. — The  Court  of  Special  Sessions 
records  on  76  different  disorderly  houses  located  between  West  24th 
and  West  48th  Streets,  show  that  362  actions  were  brought  against 
them  during  1906-1907.  270  keepers  were  fined  a total  of  $13,110, 

an  average  fine  of  about  $48  each;  four  were  sent  to  prison,  sentence 
was  suspended  in  30  cases,  19  were  acquitted,  and  39  were  discharged. 
While  obtaining  the  evidence,  the  police  reported  972  inmates  in  the 
76  different  houses.^  This  does  not  represent  the  actual  number  of 
women  who  were  inmates  of  these  places,  for  it  is  well  known  that  the 
madames  were  often  informed  in  advance  of  raids,  and  when  the  police 
arrived  they  would  find  only  5 or  6 or  perhaps  10  women  in  the  house. 
The  records  did  not  show  that  any  action  was  brought  against  these 
inmates,  only  keepers  being  dealt  with. 

The  records  in  four  different  Magistrates’  Courts  for  a period  of 
eight  months  ending  August  31,  1907,  and  for  the  month  of  August, 
1907,  in  the  Night  Court,  show  that  7,351  persons  were  arraigned  as, 
follows:  disorderly  conduct  (street  soliciting),  6,747;  vagrants  (Tene- 
ment House  Law),  63;  keeping  disorderly  house,  288;  disorderly  per- 
sons (inmates  of  disorderly  houses),  253. 

Peevailing  Conditions. 

To  ascertain  what  changes  have  taken  place  during  the  past  year 
as  a result  of  the  various  activities  of  the  Police,  District  Attorney, 
and  Federal  authorities,  an  examination  was  made  of  the  monthly 
reports  of  the  police  captains  to  the  Commissioner  of  Police,  and  of 
the  records  of  five  Magistrates’  Courts. 

Police  Records.- — The  reports  of  the  police  captains  for  a period 
of  six  months  ending  February  28,  1909,  show  that  during  this  period 
73  disorderly  houses  were  reported  in  the  31  police  precincts  in  Man- 
hattan., Of  these,  31  were  reported  as  under  surveillance  or  as  sus- 

^ Annual  Report  of  the  Police  Commissioner,  City  of  New  York,  1908,  p.  20. 

“ Table  XVII. 

3 These  records  were  examined  in  March,  1909,  for  the  last  available  six 
months.  See  Table  XIX. 


28 


The  Social  Evil  in  New  York  City 


picious,  27  had  been  raided,  11  suppressed,  and  13  arrests  had  been 
made.  In  some  cases  the  same  house  was  proceeded  against  several 
times,  so  the  73  houses  were  under  police  observation  or  action  82 
times. 

A similar  condition  was  found  in  Brooklyn  for  the  same  period 
of  time.  Forty-six  disorderly  places  were  reported  in  the  34  precincts. 
Of  these,  13  were  under  police  surveillance,  3 were  raided,  20  sup- 
pressed, and  19  arrests  have  been  made,  a total  of  55  actions  against 
46  places.^ 

An  investigation  made  of  56  of  the  119  disorderly  houses  reported 
by  the  police  in  Manhattan  and  Brooklyn  showed  disorderly  conditions 
prevailing  in  41  of  them,  and  88  new  addresses  were  found  of  disor- 
derly or  suspicious  houses  Avhich  were  not  in  the  police  captains’  re- 
ports at  ah.  Therefore,  in  7 4.5  per  cent,  of  the  cases  known  to  the  police 
captains,  the  conditions  continued  unchecked,  and  but  42.5  per  cent,  of 
the  number  found  by  the  investigator  liad  been  reported  to  them.'  In 
view  of  the  fact  that  the  police  are  required  by  the  rules  and  regula- 
tions of  the  Department  to  report  all  cases  in  the  different  precincts 
where  disorderly  and  immoral  persons  congregate,  it  is  interesting  to 
note  that  so  large  a number  of  disorderly  places  were  actually  found 
by  personal  investigation  which  were  not  reported  by  the  captains  of 
the  various  precincts.  For  instance,  while  the  police  reported  24  dis- 
orderly houses,  both  tenement  and  private,  in  the  23d  police  precinct, 
an  investigator  found  10  in  the  same  precinct,  but  none  ot  them  was 
the  same  as  reported  by  the  police.  In  the  9th  precinct,  where  the 
police  reported  4 disorderly  houses,  an  investigator  found  11,  but  all 
were  different  addresses  from  those  given  bt'  the  police.  According  to 
the  police  reports,  there  were  no  disorderly  houses  in  the  32d  precinct, 
but  the  investigator  found  22  there.  The  data  for  the  police  cap- 
tains’ reports  regarding  conditions  in  the  precincts  are  usually  fur- 
nished by  plain  clothes  men  detailed  for  this  purpose.  One  of  them  in 
reporting  on  a notorious  disorderly  house  of  the  “expensive  and  exclu- 
sive type,”  said  “it  is  doing  a big  business,  and  seems  to  have  a pull. 

Inspector  when  he  was  in  the  Police  Department  was  supposed 

to  be  behind  the  madam.”  Another  report  on  a similar  house  was  to 
the  effect  that  it  “is  running  quietly  and  does  not  seem  to  be  doing 
much  business.”  The  most  frequent  reports  found  were  that  dis- 
orderly places  were  under  suspicion  or  strict  police  surveillance. 

1 See  Table  XX. 

- 'These  figures  represent  both  tenements  and  private  houses.  They  have  been 
given  together  because  the  monthly  reports  of  the  police  captains  did  not  specify 
which  were  tenements  and  which  were  i>rivato  houses  but  were  alt  under  the 
general  title  of  disorderly  houses. 

3 Table  XIX. 


Social  Conditions 


29 


Court  Records. — In  order  to  determine  to  wliat  extent  the  different 
disorderly  house  laws  were  being  applied,  the  records  in  four  Magis- 
trates’ Courts,  and  the  Night  Court  in  Manhattan,  for  a period  of  8 
months  ending  August  31,  1909,  were  examined.^  During  this  period 
7,054  persons  were  arraigned  as  follows:  Disorderly  conduct  (street 
soliciting),  6,590  vagrants  (Tenement  House  Law),  207;  keepers  of 
disorderly  houses,  148;  disorderly  persons  (inmates  of  disorderly 
houses),  109. 

The  law  relating  to  '‘^public  nuisance”  was  not  used  in  any  of  the 
cases.  In  fact  there  has  been  only  one  attempt  made  in  several  years 
to  apply  this  law  to  disorderly  houses,  although  a decision  has  been 
handed  down  declaring  that  a disorderly  house  is  a public  nuisance.® 
An  official  conuected  with  the  Legal  Bureau  at  Police  Headquarters, 
says  tliat  this  law  is  not  used  in  such  cases  because  evidence  is  har-d  to 
secure,  and  also  because  magistrates  seem  to  be  content  with  the  prom- 
ise of  the  defendant  that  the  nuisance  will  be  abated.  If  a promise  is 
made  by  the  person  arraigned  that  the  nuisance  will  be  abated,  or  he 
states  that  it  is  abated,  the  contention  of  the  District  Attorney  that 
a crime  has  been  committed  is  not  considered  seriously,  and  he  is 
often  asked  if  he  is  not  satisfied  with  the  defendant’s  contrition  and 
promise  to  comply  with  the  law  in  the  future. 

Field  Study  . — There  were  apparently  fewer  private  disorderly 
houses  of  the  “parlor  type”  in  New  T"ork  City  in  1909  than  in  1907. 
Practically  all  of  the  124  disorderly  houses  reported  by  the  police  in 
Manhattan  and  Brooklyn  were  located  in  tenements,  and  not  in  private 
houses.  A personal  investigation  of  76  private  disorderly  houses  which 
were  running  in  1906  and  1907,  shows  that  only  10  of  them  ivere 
operating  in  1909.  A comparison  of  the  cases  in  the  Magistrates’ 
Courts  during  8 months  in  1909  with  the  cases  in  the  same  courts  for 
a similar  period  in  1907  shows  the  following  results:  In  1909,  207 
persons  were  arrested  as  vagrants  for  violation  of  the  Tenement  House 
Law,  and  in  1907,  63;  in  1909,  148  persons  were  arrested  as  keepers 
of  private  disorderly  houses,  and  in  1907,  288.  In  1909,  109  inmates 
of  disorderly  houses  were  arrested,  and  in  1907,  253;  in  1909,  6,590 
women  were  arrested  for  street  soliciting,  and  in  1907,  6,747.^ 

Explanations  of  the  decrease  in  the  number  of  disorderly  houses 
may  be  due  to  the  effective  crusade  of  the  Federal  authorities  against 
importers  of  women.  This  crusade,  however,  has  ceased  since  the 


Otli  District  Court  (night),  2ci  District  Court  (Jefferson  Market),  4th  Dis- 
trict Court  (Yorkville),  5th  District  Court  (Harlem),  7th  District  Court  (West 
54th  Street). 

- For  text  of  law.  see  Appendix  XV. 

■■  JacobowsUy  vs.  People,  0 Hun.  524. 
i Table  XVIII. 


30 


The  Social  Evil  in  New  York  City 


decision  of  the  United  States  Supreme  Court  in  April,  1909,  in  the 
case  of  Ullnian  and  Keller  where  that  part  of  the  new  immigration 
law  relating  to  the  harboring  of  women  for  immoral  purposes,  was 
held  to  be  unconstitutional.  This  decision  annulled  a prison  sentence 
of  eighteen  months  against  two  importers  of  women.  The  court  held 
that  jurisdiction  over  such  cases  was  within  the  adopted  definition  of 
“police  power,”  reserved  by  the  state. 

There  is,  however,  veiy  little  encouragement  in  the  decrease  in  the 
number  of  “parlor  houses”  so  far  as  improvement  of  conditions  is 
concerned.  Former  inmates  of  these  houses  are  now  scattered  and 
carry  on  their  business  in  “Eaines  Law”  hotels,  rear  rooms  of  saloons, 
tenement  houses,  private  furnished  room  houses  and  in  so-called  mas- 
sage parlors.  Others,  with  some  keepers  and  proprietors  have  gone 
to  such  places  as  Pittsburg,  Chicago,  San  Francisco,  Panama,  and 
Argentina,  there  to  await  a favorable  opportunity  to  return  to  thi.s 
city. 

Instead,  then,  of  having  the  evil  confined  to  one  class  of  houses 
against  which  a number  of  laws  may  be  invoked  by  the  police,  it  is 
scattered,  and  there  is  a divided  responsibility  of  control.  One  phase, 
the  massage  jiarlor,  is  not  regulated  specifically  at  all.  Opportunities 
for  evading  the  various  laws  are  greatly  increased  and  the  charge 
selected  by  the  police  is  frequently  the  one  with  the  lightest  penalty. 
The  social  effect  of  closing  these  houses  is  best  seen  in  the  prevailing 
conditions  in  tenements,^  in  the  development  of  the  “Eaines  Law” 
hotels,’”  and  in  the  arrests  made. 

Changes  in  Methods. — The  suppression  of  a number  of  the  low- 
priced  houses  has  resulted  in  a change  in  the  method  of  conducting 
those  now  in  existence.  There  is  not  the  wholesale  exploitation  of 
women  which  prevailed  in  1905-07.  The  check  system  is  rarely  used, 
and  in  few  instances  are  many  women  boarded  by  madames.  lilany 
of  the  ignorant,  helpless,  foreign  women  who  were  inmates  in  1905-07, 
who  were  not  fitted  to  solicit  on  the  street  with  any  success,  have  been 
sent  to  other  cities  where  this  type  of  house  is  running  more  openly. 
Of  those  that  remain  a number  have  been  supplied  with  cheap  finer}' 
and  put  on  the  street  to  solicit  for  furnished  room  places,  Eaines  Law 
hotels  and  apartments.  They  are  watched  and  protected  by  the 
former  owners  and  proprietors.  As  a consequence,  the  men  who  kept 
women  in  slavery  in  houses  now  give  them  the  freedom  of  the  street, 
and  live  off  their  earnings.  There  is  no  “'check  method”  of  finding 


>See  p.  9,  and  Table  XII. 

2 See  pp.  3S,  42,  and  Table  XXL 


Social  Conditions 


31 


out  hou'  much  money  the  women  earn,  and  therefore  former  slaves 
have  more  freedom  and  more  moneyd 

Disorder!}'  houses  in  Brooklyn  are  quite  different  from  those  in 
Manhattan.  This  difference  is  apparent  from  the  women,  character 
of  the  houses  and  their  location.  The  investigation  did  not  reveal  any 
expensive  ‘^parlor”  houses  in  Brooklyn,  and  very  few  prosperous  pro- 
fessional prostitutes.  Those  seen  were  for  the  most  part  white  or 
colored  women  who  solicited  openly  from  windows,  doorways,  stoops, 
at  the  gates,  and  on  the  streets,  at  all  hours  of  the  day  and  night.  The 
prices  charged  by  them  were  fifty  cents  to  one  dollar.  Several 
of  the  houses  investigated  are  running  in  connection  with  small  cigar 
stores.  The  place  of  business  is  on  the  ground  floor,  and  customers 
are  taken  either  into  the  rear  rooms  or  up  stairs  where  the  inmates 
live. 

Fake  Massage  Parlors. — As  was  stated  in  the  tenement  house  study, 
so-called  massage  parlors  constitute  an  unregulated  phase  of  the 
social  evil."  These  places  are  quite  numerous  in  various  sections  of 
the  city,  the  most  notorious  being  located  along  Sixth  and  Columbus 
Avenues,  from  23d  to  lOdth  Streets.  One  familiar  with  conditions  in 
the  city  says  that  practically  every  massage  parlor  sign  in  glaring- 
letters  is  a “Bed  Light.”  The  attention  of  the  Eesearch  Committee 
was  first  called  to  these  ‘^parlors”  by  advertisements  which  appeared 
each  week  in  a paper  on  sale  at  many  of  the  prominent  hotels  and 
news  stands,  and  an  investigation  showed  that  the  majority  of  these 
places  Avere  disorderly  houses. 

It  is  estimated  from  the  study  made  that  250  women  are  engaged 
in  the  practice  of  immorality  in  the  various  massage  parlors  in  the 
city.  Some  of  them  admitted  that  they  were  formerly  inmates  or 
keepers  of  the  regular  “parlor”  houses  which  were  in  operation  in 
1907.  As  a rule  they  do  not  make  any  attempt  to  perform  massage 
in  a professional  way,  and  many  of  them  are  unprofessional  in  appear- 
ance and  action.  The  methods  used  in  these  parlors  are  degrading 
and  revolting.  The  usual  price  charged  in  the  “parlors”  is  $1.00  for 
manicuring,  $3.00  for  massage  treatment,  and  $5.00  for  bath  and 
massage. 

The  editor  and  owner  of  the  paper  in  which  these  advertisements 
most  frequently  appear  knows  the  character  of  these  places.  When 
a neiv  advertisement  of  this  character  is  presented  to  him,  he  pays  a 
personal  visit  to  the  address  and  instructs  the  advertiser  how  to  word 
the  announcement  so  as  to  bring  the  best  results.  He  also  .tells  the 


’ For  the  relation  of  the  “cadet”  to  the  social  evil,  see  p.  61. 
- Page  It. 


32 


The  Social  Evil  in  New  York  City 


advertiser  the  best  method  of  ''•'fixing'^  the  plain  clothes  man  who  may 
be  stationed  in  the  vieinit}'. 

No  interest  in  these  places  seems  to  be  taken  by  the  medical  or 
police  authorities.  The  Post  Office  Department  has  taken  no  action 
against  papers  publishing  these  “massage”  advertisements,  although 
they  circulate  through  the  mails  as  second  class  matter,  notwithstand- 
ing that  evidence  and  affidavits  have  been  filed  with  the  United  States 
District  Attorney  showing  that  such  “parlors”  are  immoral.  There 
are  no  requirements  for  the  practice  of  massage,  and  no  inspection  of 
these  places  by  the  Board  of  Health.  A few  inmates  have  been  ar- 
rested as  disorderly  persons,  or  for  keeping  disorderly  houses,  but  the 
difficulty  of  obtaining  the  required  evidence  renders  them  practically 
immune  from  prosecution.^ 


Enforcement  of  Laavs. 

From  the  investigations  it  appears  that  the  number  of  disorderly 
houses  decreased  from  1907  to  1909  inclusive.  A comparison  of  the 
prosecutions  in  the  five  courts  in  Manhattan  shows  a decrease  of  297. 
In  prosecutions  for  street  soliciting  there  was  a decrease  of  1-57 ; in 
prosecutions  of  keepers  of  disorderly  houses,  a decrease  of  140 ; and 
in  prosecutions  of  inmates,  a decrease  of  144.  The  only  increase  was 
of  144  in  vagTanc}^  in  tenement  houses.^ 

A comparison  of  the  dispositions  of  the  cases  shows  that  in  1909 
there  was  a decrease  in  persons  discharged  of  223  ; of  persons  fined, 
a decrease  of  72 ; of  persons  sent  to  prison,  an  increase  of  32-5 ; of 
those  held  for  Special  Sessions,  a decrease  of  180.  The  other  dis- 
positions include  probation,  good  behavior  bond,  etc.,  and  in  these 
the  decrease  was  280.  The  affidavits  in  24  eases  had  been  transferred 
to  other  courts  and  could  not  be  traced. 

It  will  be  seen,  therefore,  that  while  there  is  a decrease  in  tlie 
number  of  houses  and  in  the  prosecution  of  keepers,  the  number  of 
persons  arrested  in  connection  with  the  social  evil  is  not  greatly 
diminished  and  tlie  treatment  remains  about  the  same,  as  is  shown  by 
the  percentage  of  those  let  off  with  fines  or  discharged.  The  increase  in 
imprisonments  is  offset  by  the  decrease  in  the  arrests  of  keepers  and 
the  feiver  number  of  cases  dis]iosed  of  in  ways  other  than  fines  or 
discharges.  The  increase  in  vagrancy  charges  in  violation  of  the 
Tenement  House  Law,  the  small  decrease  in  total  arrests  andi  the 
unchanged  method  of  dealing  with  the  cases,  indicate  that  the  social 


’ For  statement  of  evidence  required  see  pages  1.3.  45. 
-Table  XAHII. 


Social  Conditions 


33 


evil  is  being  transferred  to  places  other  than  disorderly  houses,  rather 
than  materially  decreased. 

Causes  of  IsTon-enforcement  of  Laws. 

Conditions  affecting  disorderly  houses  alone  are  unquestionably 
better  than  at  any  time  witliin  the  period  -concerning  which  the 
Research  Committee  has  information.  The  existing  conditions,  how- 
ever, call  for  a ^word  of  explanation : As  previously  shown,  for  a 
period  of  the  first  six  months  in  1909  the  reports  of  the  police  cap- 
tains for  31  precincts  in  Manhattan,  9 in  the  Bronx,  and  34  in  Brook- 
lyn, state  that  there  were  119  disorderly  houses  (tenement  and  pri- 
vate). Of  these,  44  were  under  police  surveillance  (which  means 
they  were  running),  30  had  been  raided,  32  arrests  had  been  made, 
and  31  places  -were  reported  as  being  suppressed.  There  were  thus 
137  reports  against  119  houses.  The  investigators  visited  56  of  the 
119  houses  and  found  74.5  per  cent,  still  in  operation.  In  addi- 
tion, 88  disorderly  or  suspicious  places  were  found  which  were  not 
given  in  the  records,  making  42.5  per  cent,  of  the  existing  houses  not 
reported  at  all.  This  gives  a total  for  the  period  of  207  places.  Each 
police  report  was  accompanied  by  the  name  of  the  owner  or  agent.  In 
10  instauces  where  raids  were  made  the  report  stated  that  the  owner 
or  agent  had  been  served  with  liability  notices.  Nevertheless  a careful 
search  of  the  court  records  failed  to  reveal  one  action  brought  against 
the  owner  or  agent  of  these  premises. 

Supply  and  Demand. — Unquestionably  the  chief  reason  for  non- 
enforcement is  that  the  police  have  an  understanding  of  the  extent 
to  which  disorderly  houses  may  operate  under  any  given  city  adminis- 
tration. Citizens  themselves,  as  well  as  the  party  in,  power  determine 
tliis,  for  many  believe  that  the  social  evil  must  exist  to  some  degree, 
and  that  the  disorderly  house  represents  the  most  normal  and  least 
injurious  social  e.xpression  of  it,  as  compared  to  tenements,  the  ^^cadet” 
system,  etc.  There  is  a wide  discrepancy  between  the  laws  as  they 
exist  on  the  statute  books  and  the  way  in  which  it  is  desired  that  these 
laws  be  enforced.  This  deters  city  authorities  from  reducing  the  num- 
ber of  disorderly  houses  below  what  is  termed  the  level  of  demand. 

Business  Interests. — Various  efforts  are  made,  however,  to  stimu- 
late the  so-called  normal  demand  and  decrease  the  risks.  Among 
these  are  business  interests  which  offer  protection  as  a part  of  the 
rental  agreement.  Two  illustrations  from  many  will  suffice : 

An  agent  was  asked  the  rental  of  a house  on  West  27th  Street  for 
legitimate  purposes.  The  reply  was  $100  per  month.  A permit  was 
secured  to  examine  the  house.  A plumber  occupied  tlie  basement  and 


34 


The  Social  Evil  in  New  York  City 


held  the  lease  for  the  house  for  a year  and  a half.  When  he  was 
told  that  the  premises  were  wanted  for  a disorderly  house,  he  said 
he  would  have  to  fix  the  matter  up  with  the  real  estate  agent.  The 
agent  was  then  told  plainly  for  what  purpose  the  house  was  wanted, 
and  he  made  no  objection  to  renting  it,  but  said  that  the  rental  would 
be  $150  per  month,  instead  of  $100,  as  he  had  specified  in  the  begin- 
ning. He  also  agreed  to  make  out  the  lease  for  one  year  or  more,  with 
a cancellation  clause  after  the  first  year.  He  also  gave  the  applicants 
to  understand  that  in  case  the  police  dispossessed  them  he  would 
change  the  name  in  the  lease.  The  $150  per  month  rental  was  for 
hack  rooms  on  the  first  floor  and  the  entire  two  upper  floors,  15  rooms 
in  all.  The  matter  of  fitting  up  the  place  as  a disorderly  house  was 
openly  discussed  by  three  investigators  and  the  real  estate  agent. 

A prominent  real  estate  agent  in  his  testimony  before  the  State 
Immigration  Commission  admitted  that  owners  rent  houses  through 
dummies,  for  immoral  purposes,  so  that  they  will  not  know  the  char- 
acter of  the  tenants.  Another  method  used  by  owners  is  to  hide  their 
identity  behind  long  time  leases,  or  rent  through  three  or  four  different 
agents,  so  that  the  trail  may  be  obscured.  Again,  some  owners  will 
not  take  money  for  rent  directl}’’,  but  have  it  deposited  with  other 
incomes.  So  clever  are  owners  or  agents  in  hiding  the  fact  that 
they  rent  houses  of  this  character,  or  so  indifferent,  that  it  happens 
that  occasionally  a prominent  citizen,  or  a financial  institution,  hon- 
ored and  respected  in  the  community,  is  collecting  rents  from  brothels 
and  disorderly  places. 

Protection. — Ex-Police  Commissioner  Bingham  estimated  that 
“fifteen  per  cent,  or  from  1,500  to  2,000  members  of  the  police  force 
are  unscrupulous  grafters  whose  hands  are  always  out  for  easy 
money.”^  In  addition  to  this  the  main  body  of  the  force  are  contin- 
ually subject  to  the  temptation  of  doing  “favors”  for  friends  among 
politicians  and  others  who  are  interested  in  the  business  of  prostitu- 
tion. That  protection  was  given  by  the  police  in  the  “Tanner  years,” 
when  disorderly  houses  flourished  has  already  been  shown,  and  similar 
conditions  still  exist  today  in  a slightly  different  form.  The  following 
illustrations  are  given;  A policeman  had  been  stationed  for  several 
months  in  front  of  a notorious  disorderly  house,  for  the  purpose  of 
securing  evidence  and  warning  prospective  patrons  from  entering  the 
premises.  One  night  a man  walked  up  to  the  door  of  this  house  and 
the  warning  he  received  was  that  his  visit  would  probably  cost  him  $20. 

It  is  alleged  that  in  May,  1908,  an  officer  was  detailed  to  watch 
three  disorderly  houses  in  one  block.  The  proprietors  of  these  houses 


^ See  “Policing  Our  Lawless  Cities,”  Hampton’s  Magazine,  September,  1909. 


Social  Conditions 


35 


made  up  a purse  of  $300,  which  was  turned  over  to  a business  man  on 
8th  Avenue.  This  money  was  for  the  purpose  of  having  an  order 
issued  to  remove  the  officer  from  duty  in  front  of  these  houses.  Within 
forty-eight  hours  the  order  was  issued,  and  the  officer  was  transferred 
to  Broadway. 

Although  the  records  show  that  a number  of  places  were  not  re- 
ported, no  police  officers  have  been  tried  on  charges  of  neglect  of  duty 
for  failure  to  report  these  places.  According  to  the  reports  published 
in  the  “Chief,”  5,444  police  officers  were  tried  on  charges  from  Septem- 
ber 1,  1908,  to  February  28,  1909,  the  period  covered  by  the  reports  of 
the  police  precinct  captains.  Not  one  was  for  failure  to  report  a dis- 
orderly place.  A study  of  500  consecutive  cases  showed  that  40  per 
cent,  were  for  absence  from  post  and  10  per  cent,  for  absence  from 
roll  call.  Such  offenses  as  failure  to  report  a dead  cat  appeared,  but 
none  relating  to  the  protection  from  vice. 

Evidence. — As  in  tenement  house  cases,  one  of  the  chief  stumbling 
blocks  is  the  nature  of  the  evidence  required  by  the  Court.  The  fol- 
lowing illustrates  this. 

A number  of  street  walkers  were  arraigned  in  the  Night  Court. 
The  magistrate  asked  the  officer  if  he  had  actually  heard  the  girls 
soliciting.  The  detective  replied  that  he  had  not,  but  he  had  seen  the 
women  loitering  and  talking  with  men  on  the  street.  In  discharging 
the  prisoners  the  magistrate  said  that  while  he  knew  the  character  of 
the  girls  before  him,  the  evidence  was  not  strong  enough  to  convict. 
In  trying  cases  against  inmates  of  disorderly  houses,  some  magistrates 
insist  that  the  plaintiff  must  have  actually  seen  the  exposure  of  the 
person  for  the  purpose  named,  which  practically  debars  any  tenant  or 
reputabie  citizen  and  deters  officers  from  making  complaints. 

Inactivity  of  Officials  Other  than  Police. — The  Board  of  Aldermen 
has  not  seen  fit  to  take  action  under  the  powers  conferred  upon  it. 
One  of  its  members,  who  came  into  office  in  1907,  and  who  represents 
a district  in  which  there  have  been  and  are  now  several  disorderly 
houses,  and  many  women  on  the  street,  asserted  that  the  Board  had 
not  appointed  any  special  committee  to  inquire  into  the  faithful  per- 
formance of  duty  of  heads  of  city  departments  in  regard  to  the 
“effectual  suppression  of  vice  and  immorality  in  the  city.”  Not  only 
had  such  committees  not  been  appointed,  but  the  various  local  im- 
provement boards  had  not  received  any  complaints,  held  any  hearings, 
or  passed  resolutions  pertaining  to  street  nuisances  (soliciting  for 
immoral  purposes),  disorderly  houses  (tenement  or  private),  or 
drinldng  saloons  conducted  without  licenses.^ 


^ Appendix  V. 


36 


The  Social  Evil  in  New  York  Citi 


Sanitary  Code. — Some  time  ago  tlie  Board  of  Aldermen  adopted 
Sections  13  and  14  of  the  Sanitary  Code,  which  provide  that  an  owner, 
lessee,  tenant,  or  occupant  of  any  building  where  there  is  a nuisance, 
may  be  required  to  abate  the  nuisance  or  comply  with  the  order  of  the 
Board  of  Health  in  respect  to  the  premises.  An  inquiry  at  the  Board 
of  Health  showed  that  this  law  is  applied  only  to  sanitary  conditions, 
and  not  to  houses  of  prostitution. ^ 

SUMAIARY. 

1.  The  number  of  disorderly  houses  decreased  in  1909  notwith- 
standing a small  increase  in  the  total  number  of  arrests  of  persons 
engaged  in  the  social  evil. 

2.  The  business  of  running  a disorderly  house  is  comparatively 
safe  for  men,  espeeiall}*  keepers  and  their  allies.  It  is  not  the  custom 
to  open  a disorderly  place  without  “fixing  the  matter”  with  some  one 
beforehand.  Interference  with  this  arrangement  may  come  from 
“higher  up,”  but  if  so  it  is  the  women  who  pay  the  penalty  of  publicity 
and  shame.  Of  the  7,0.54  persons  arrested  in  1909,  98.4  per  cent, 
were  women.  This  is  also  apparent  from  the  study  of  1907  which 
showed  that  to  112  houses  were  attached  at  least  200  men  in  various 
capacities;  and  that  of  1909,  which  showed  207  places  recorded  in  the 
various  precincts ; and  148  keepers  arrested  of  which  120  were  women. 
The  number  of  men  arrested  during  the  same  period  of  1909  for 
living  off  the  proceeds  of  prostitution  was  72. 

3.  Too  much  hope  should  not  be  aroused  by  the  decrease  in  the 
number  of  disorderly  houses.  The  spread  of  the  evil  in  tenements, 
“Raines  Law  hotels,”  massage  parlors,  and  elsewhere,  is  partly  ex- 
plained by  this  decrease.  The  effect  of  this  evil  is  not  to  b^  Judged 
solely  by  the  addresses  on  the  police  records  and  those  visited  by  the 
investigators,  but  by  the  neighborhoods  in  which  these  houses  are 
located;  by  the  number  of  people,  including  children,  who  are  influ- 
enced ;2  by  the  corruption  of  officials  and  business  through  the  evasion 
of  the  law,  and  by  ill-gotten  profits  ; by  the  neglect  of  dut}’  and  in 
some  instances  the  corruption  of  officials  elected  by  the  people  or 
appointed  by  their  elected  officials,  and  by  the  attitude  of  the  courts 
and  the  punishment  inflicted. 

THE  LIQUOR  TAX  LAW. 

The  Research  Committee  has  considered  the  Excise  Law  only  in 
its  relation  to  the  social  evil.  The  extent  of  the  liquor  traffic,  its 
general  regulation  by  local  option  or  olherwise  has  not  been  touched 

1 Appendix  III  A. 

- See  Messenger  Boys.  p.  126. 


Social  Conditions 


37 


upou.  The  study  shows  the  existence  of  a most  serious  fonn  of  the 
social  evild 

Provisions  of  the  Law. 

The  lair, . commonly  known  as  the  “Eaines  Law”  was  enacted  in 
1896,  the  principal  changes  being  a higher  license,  state  supervision 
and  control,  and  the  abolition  of  all  discretionary  power  in  the  issu- 
ance of  licenses.- 

Two  sections  of  tlie  law  directl}’  affect  the  social  evil.  Sub- 
division 7 of  Section  36  provides  that  if  any  certificate  holder  or 
his  agent,  servant  or  employe  is  convicted  of  keeping  a disorderly 
house  in  violation  of  Section  322  of  the  Penal  Code  (now  Section 
1146  of  the  Penal  Law)  or  of  any  municipal  ordinance  prescribing 
the  same  or  any  similar  offense,  the  certificate  shall  be  forfeited  and 
he  shall  be  deprived  of  all  rights  and  privileges  thereunder.  Sub- 
division 8 of  Section  15  provides  that  no  new  certificate  shall  be  issued 
for  the  premises  for  one  year  after  a revocation  upon  the  ground  of 
disorderly  conditions  or  the  conviction  of  the  licensee  thereof. 

Of  interest  to  this  study  is  the  amount  of  the  annual  fee  required. 
In  ]\Ianhattan  and  the  Bronx  the  rate  is  $1,200,  in  Brooklyn  it  is 
$975.  Each  application  must  be  accompanied  liy  a suretj^  bond  for 
one  and  one-half  times  the  amount  of  the  annual  fee  ($1,800  and 
$1,462.50,  respectively).  The  holder  who  is  the  keeper  of  an  hotel 
may  sell  liquor  to  his  guests  with  their  meals  or  in  their  rooms  except 
between  the  hours  of  one  and  five  o’clock  in  the  morning,  but  not  in 
the  barroom  or  other  similar  room  in  such  hotel.  An  hotel  is  defined 
to  be  a building  regularly  used  and  kept  open  as  such  for  the  feeding 
and  lodging  of  guests,  where  all  who  conduct  themselves  properly 
and  are  ready  and  able  to  pay  for  their  entertainment  are  received  if 
there  be  accommodations.  The  only  other  dwellers  shall  be  the  family 
and  servants  of  the  hotel  keeper.  An  hotel  shall  also  comply  with  the 
rules  and  regulations  of  the  Building,  Eire  and  Health  Departments 
of  the  cities  in  which  it  is  located.  An  hotel  must  contain  at  least 
10  bedrooms,  each  of  which  shall  be  properly  furnished  and  shall 
conform  to  certain  other  specifications  laid  down  in  the  law.  A guest 
is  also  carefully  defined  by  the  law. 

Conditions  PRECEDiNCr  the  Passage  of  the  Lawl 

Ho  data  are  available  which  show  the  social  evil  as  a cause  of 

^ Except  where  specifically  noted  that  an  investlKation  has  been  made  by 
the  Research  Commitlec,  all  records,  reports  and  tables  have  been  furnished  by 
Mr.  Frederick  H.  Whitin.  execntive  secretary  of  the  Committee  of  Fourteen  which 
has  been  at  work  on  this  subject  constantly  since  1905.  It  seemed  unnecessary 
to  cover  the  field  again. 

“ Appendix  VII. 


38 


The  Social  Evil  ix  >\ew  York  City 


the  jiassage  of  the  general  Liquor  Tax  Law,  intended  to  regulate 
the  sa|e  of  liquor  in  all  of  its  phases  throughout  the  State.  It  is 
asserted  by  those  who  favored  the  legislation  that  the  object  was  to 
take  the  excise  question  out  of  politics,  which  expressed  itself  in  a 
misuse  of  the  discretionary  powers  of  the  local  commissioners.  The 
old  law  did  not  fix  a license  fee.  Imt  between  a low  minimum  and  a 
moderate  maximum,  it  left  each  locality  to  make  any  rate  desired. 
Tlie  law  also  failed  to  make  adequate  provisions  for  its  enforcement. 
As  a result,  the  police  were  negligent  and  were  constantly  tempted  to 
give  protection  to  dealers.  When  cases  Avere  brought  to  trial  there 
Avere  long  delays  in  the  courts  and  many  cases  were  not  tried  at  all. 
As  a result  of  these  defects  it  was  alleged  that  there  were  from  two  to 
four  times  as  many  saloons  as  Avere  necessary  to  meet  the  demand,  and 
that  dives  and  disorderly  places  were  encouraged. 

One  of  the  most  serious  arguments  advanced  in  favor  of  the  new 
liquor  tax  law  was  that  it  w'as  practically  impossible  under  the  pro- 
visions of  the  old  law  to  abolish  the  sale  of  liquor  on  Sunday.  The 
neAv  law  contained  specific  provisions  regarding  hotels  which  attempted 
to  overcome  these  objections.  Few  there  were  who  saw  the  danger 
lurking  in  the  provision  for  such  sale  in  hotels  when  combined  Avith 
a strict  enforcement.  * 


Prea'ailixg  Coxditioxs. 

The  Eise  of  the  “Raines  LaAv’i  Hotel. — Seldom  has  a law  intended 
to  regulate  one  evil  resulted  in  so  aggravated  a phase  of  another 
evil  directly  traceable  to  its  provisions.  From  the  passage  of  this 
law  dates  the  immediate  growth  of  one  of  the  most  insidious  forms 
of  the  social  evil — the  “Raines  Law”  hotel.  This  growth  was 
due  to  a heavy  increase  in  the  penalties  for  a violation  and  the  ex- 
]iected  increased  enforcement  of  the  law  by  state  authorities  beA’ond 
the  reach  of  local  influences.  To  illustrate,  the  license  tax  was  raised 
from  $200  to  $800,  and  the  penalty  of  the  forfeiture  of  a bond  was 
also  added.'^  To  escape  these  drastic  penalties  for  the  selling  of 
liquor  on  Sunday  in  saloons,  saloon  keepers  created  hotels  Avith  the 
required  10  bed  rooms,  kitchen  and  dining  room.  The  immediate 
increase  was  over  10,000  bedrooms.  There  being  no  actual  demand  for 
such  an  increase  in  hotel  accommodations,  the  proprietors  in  many 
instances  used  them  for  purposes  of  assignation  or  prostitution,  to 
meet  the  additional  expense  incurred.  In  1905  there  were  1401  cer- 
tificated hotels  in  Manhattan  and  the  Bronx,  and  of  these  about  1150 

1 This  $800  fee  was  imposed  in  XIanhattan  and  the  Bronx  and  was  the  rate 
established  by  the  Raines  Law  at  the  time  of  its  passage.  The  rate  of  $200  was 
the  tax  for  saloons  prior  to  the  passage  of  the  Raines  Law. 


Social  Conditions 


39 


were  probably  liquor  law  hotels.  In  1906  an  important  administra- 
tive provision  was  added  to  the  law.  This  amendment,  known  as  the 
Prentice  bill,  provided  that  hotels  must  be  inspected  and  passed  by  the 
Building  Department  as  complying  with  the  provisions  of  the  law, 
before  a certificate  could  be  issued  to  them.  As  a result  of  this  new 
legislation,  540  alleged  hotels  were  discontinued  in  Manhattan  and  the 
Bronx.  A large  number  of  these  places,  however,  continued  under 
saloon  licenses. 

Methods  of  Conducting  Business  in  Disorderly  Hotels. — Practically 
every  hotel  which  is  conducted  specifically  for  the  purposes  of  pros- 
titution in  connection  with  the  sale  of  liquor  has  its  staff  of  women 
solicitors  on  the  streets  in  the  vicinity.  These  women  are  required  to 
bring  their  patrons  to  the  hotel  and  to  urge  them  to  buy  drinks.  The 
charge  for  the  rooms  in  these  disorderly  hotels  varies  from  50  cents  to 
$2,  according  to  the  location  and  character  of  the  hotel.  Where  the 
amount  received  is  over  $1,  the  women  are  reported  to  receive  half 
of  the  excess  if  a room  is  used  for  a limited  time  only.  The  sale  of 
liquor  is  the  most  profitable  part  of  the  transaction  for  the  proprietors, 
double  price  being  charged  for  drinlrs  served  up  stairs.  The  women 
get  10  cents  on  every  dollar  spent  in  this  manner.^  The  women 
receive  sums  of  from  $1  to  $5  from  the  men  whom  they  take  into 
these  hotels.  When  business  is  flourishing,  the  women  are  connected 
directly  with  some  of  the  hotels.  In  some  instances  they  are  boarded 
by  the  saloon  keepers,  much  after  the  plan  of  the  regular  ‘^^parlor” 
houses.  There  frequently  exists  a connection  between  a disorderly 
saloon  in  which  women  solicit  and  the  disorderly  hotel.  Men  met 
in  a particular  saloon  must  be  taken  to  a specified  hotel.  The 
purpose  of  this  arrangement  is  to  make  more  difficult  the  securing 
of  evidence  proving  the  disorderly  character  of  a place.  There 
are  a few  cases,  however,  in  which  the  same  man  is  proprietor 
of  both  the  saloon  and  hotel.  Many  of  these  hotel  proprietors  act  as 
bail  bondsmen  for  the  women  when  arrested.  Wlien  they  are  placed 
on  probation  they  often  return  to  their  old  life  and  the  keeper  of  the 
hotel  pays  the  police  for  not  reporting  the  fact  that  they  have 
broken  their  parole.  During  an  investigation  of  33  women  placed  on 
probation  a number  admitted  that  they  were  bailed  out  by  the  pro- 
prietors of  the  “Eaines  Law”  hotels  for  which  they  were  working.  In 
such  cases  the  sum  of  $5  for  the  bail  bond  was  deducted  from  their 
earnings. 

The  Excise  Department. — The  State  Excise  Department  and  the 
police  are  responsible  for  the  enforcement  of  the  law.  A study  has 


* “Saloons  in  New  York,’’  by  Arthur  H.  Gleason,  Collier's  "Weekly,  May  2,  190S. 


40 


The  Social  Evil  in  New  York  City 


therefore  been  made  first,  of  the  records  of  these  departments  and 
second,  of  actual  conditions  in  the  field.  The  Department  consists 
of  a Commissioner  of  Excise  and  his  deputies  and  counsel  in 
Albany  and  sixty  special  agents  whose  activities  extend  throughout  the 
State.  There  is  a legal  bureau  in  New  York  City  and  a deput}"  com- 
missioner for  certain  counties,  who  are,  however,  merely  administrative 
officers. 

Police  Eecords. — In  order  to  learn  the  degree  of  police  activity 
against  disorderly  hotels  and  saloons  a study  was  made  of  the  monthly 
reports  of  police  captains  of  all  the  precincts  in  Manhattan,  the  Bronx 
and  Brooklyn  for  a period  of  six  months,  ending  February  28,  1909. 
During  this  time  the  police  reported  45  actions  taken  against  dis- 
orderly “Eaines  Law”  hotels  in  Manhattan  and  none  in  the  Bronx. 
Of  this  number  22  were  reported  as  being  under  strict  police  surveil- 
lance; 6 arrests  were  made;  17  were  suppressed.  Tlmee  of  these 
places  were  under  both  surveillance  and  arrest.  It  is  interesting  to 
note  that  the  police  did  not  report  any  saloons  as  disorderly  in  the 
Manhattan  and  Bronx  precincts.  The  only  reference  to  them  is  made 
in  connection  with  music  halls,  of  which  5 are  recorded — one  in  the 
15th  precinct  and  4 in  the  23d  precinct  in  Manhattan.  Of  these  three 
were  under  police  surveillance  and  two  had  been  raided.’- 

As  an  illustration,  the  reports  for  September,  1908,  state  that 
there  were  no  disorderly  concert  saloons  in  the  43rd  Precinct  and  that 
the  police  have  been  unable  to  obtain  any  evidence  against  disorderly 
houses  since  the  last  report.  Accompanying  these  reports,  however, 
is  a list  of  19  bona-fide  hotels  which  comply  -with  the  law.  In  con- 
tradiction to  this  statement  the  report  for  the  same  month  states  that 
three  of  these  places  are  alleged  to  be  disorderly  and  investigation 
showed  that  the]'-  were  disorderly  and  had  been  notorious  for  some 
time  for  violating  the  law.  The  reports  of  other  precincts  containing 
lists  of  bona-fide  hotels  Avere  equally  misleading  and  erroneous. 

The  police  reports  for  Brookl}m  and  Coney  Island  and  nearby 
resorts  showed  30  addresses  of  disorderly  hotels.  38  actions  were 
taken,  20  being  police  surveillance,  9 arrests  and  9 suppressions.’  The 
same  reports  showed  7 disorderly  saloons  in  Brooklyn,  Coney  Island 
and  nearby  resorts.  Of  this  number  three  Avere  under  police  surveil- 
lance; three  arrests  were  made;  and  one  place  was  suppressed’ 

Court  Eecords. — Records  are  of  two  classes — those  of  the  cml  or 
Supreme  Court;  and  those  of  the  criminal  courts,  namely.  General 


’ Table  XXTI. 

2 Table  XXTII. 


Social  Conditions 


41 


and  Special  Sessions.  E evocation  actions  are  brought  in  Special 
term  of  tlie  Supreme  Court  of  vdiich  there  are  three  Parts  for  this 
pur2iose.  Bond  actions  being  alleged  violations  of  contract  are 
brought  in  the  trial  terms  of  the  Supreme  Court  under  “Calendar 
Ko.  3/’  These  cases  may  be  tried  in  any  one  of  four  Parts. 

During  the  jieriod  from  1906  to  August  1909  the  civil  and  criminal 
courts  disposed  of  625  different  actions  against  152  alleged  disorderly 
certificated  premises  in  Manliattan  and  the  Bron.\.‘  Of  these^  103 
were  hotels  and  49  were  saloons.  Of  the  370  criminal  actions  begun, 
123  were  discharged  by  the  magistrate  after  the  preliminary  examina- 
tion, sufficient  evidence  not  having  been  presented  to  justify  their 
being  held  for  the  Court  of  Special  Sessions.  Of  the  244  cases  dis- 
posed of  by  that  Court,  114  were  acquitted,  4 actions  were  abated  by 
death,  3 bail  bonds  were  forfeited  and  123  defendants  were  convicted. 
Prison  sentences  were  imposed  upon  16  defendants,  the  total  of  the 
sentences  being  690  days;  84  fines  were  imposed,  the  total  being 
$4,975;  and  sentence  was  suspended  in  23  cases.  As  a result  of  these 
convictions  25  licenses  were  forfeited,  which  had  an  unexpired  tax 
value  of  $7,150. 

In  the  Civil  Courts,  255  actions  were  brought.  Of  these  all  but 
three  were  brought  by  the  Excise  De]Dartment,  these  three  being 
actions  by  landlords  to  dispossess  disorderly  tenants.  One  -was  suc- 
cessful and  two  were  defeated.  Of  the  79  revocation  actions  brought 
by  the  Excise  Department,  all  but  three  were  successful.  These 
three  were  against  saloons.  The  unexpired  tax  value  of  the  licenses 
revoked  was  $24,450.  The  Excise  Commissioner  brought  176  suc- 
cessful actions  to  recover  upon  the  bond  which  acconqianies  licenses, 
which  recoveries  with  costs  amounted  to  approximately  $323,850.  The 
total  of  cash  penalties  and  losses  to  the  proprietors  of  the  disorderly 
resorts  and  to  the  bond  com^ianies  writing  their  bonds  was,  as  a result 
of  these  actions,  $360,850,  to  which  must  be  added  defendants’  costs 
and  counsel  fees.  These  latter  are  especially  heavy.  In  one  instance 
it  was  commonly  reported  that  $3,500  was  paid  to  a certain  well- 
known  lawyer  for  defending  a not  especially  difficult  case. 

The  “penalty  upon  the  2>lace”  provision  has  been  incurred  in  27 
cases  as  the  result  of  successful  actions.  Of  these  but  one  was  the 
result  of  criminal  conviction,  while  in  the  case  of  two  others,  the 
penalty  does  not  become  operative  until  October,  1910.  Four  penalties 
have  been  incurred  because  of  proximity  of  the  premises  to  a school. 
These  are  especially  serious  since  they  act  as  a permanent  bar  to  the 


I Table  XXI. 


42 


The  Social  Evil  in  New  York  City 


sale  of  liquor.  Thirteen  places  have  suffered  the  full  twelve  months’ 
penalty  of  the  law,  while  seven  have  been  able  to  escape  with  less 
because  of  defects  in  the  law  itself. 

A study  of  the  reports  of  present  conditions  (1909)  indicates  that 
as  a result  of  these  actions,  traffic  in  liquors  has  been  discontinued  at 
18  out  of  the  152  places;  that  41  are  closed  though  as  yet  unoccupied 
by  any  other  business,  and  that  conditions  are  satisfactory  in  28  other 
places,  making  a total  improvement  of . 50  per  cent.  It  should  be 
noted  that  though  the  traffic  in  liquors  has  been  discontinued,  dis- 
orderly conditions  continue  in  9 places.’- 

Field  Study. — The  Committee  of  Fourteen  has  a secretary  and 
assistants  constantly  in  the  field  investigating  and  reporting  on  pre- 
vailing conditions.  The  following  standard  is  observed  as  a basis  for 
making  complaints.  First,  the  admission  of  couples  without  baggage 
to  hotels  at  late  hours  where  such  business  is  a considerable  part  of  the 
number  of  guests  and  where  there  is  legal  evidence  that  the  same 
woman  has  been  admitted  twice  in  one  da}'  as  the  wife  of  different 
men,  or  that  the  same  room  has  been  rented  twice  in  twenty-four 
hours.  Second,  permitting  women  without  male  escorts  to  loiter  in 
the  rear  rooms  after  10.30  P.  M. 

As  a result  of  its  investigations  and  work,  the  Committee  of  Four- 
teen gives  the  following  data  for  1908  : 

Places  closed,  or  operating  as  hotels  without  a liquor  license,  59 ; 
places  where  it  is  reasonable  to  hope  the  present  improvement  is  per- 
manent, 20 ; places  where  the  improvement  has  been  considerable,  22 ; 
places  where  the  improvement  has  been  slight  or  is  not  thought  to  be 
permanent,  17;  making  a total  of  118.  There  were  in  addition  71 
known  places  which  were  running  in  violation  of  the  requirements 
given  above 

Each  year  the  Committee  of  Fourteen  makes  up  a list  of  sus- 
picious places  and  classifies  them  according  to  their  condition  at  the 
time.  For  the  license  period  from  May,  1908,  to  September,  1908, 
this  list  contained  146  addresses;  from  October,  1908,  to  September, 
1909,  162  addresses;  and  for  the  present  license  year  (October,  1909, 
to  September,  1910),  320  addresses.  These  figures  show  the  devel- 
opment of  the  work  of  the  Committee  of  Fourteen  in  an  increased 
knowledge  of  existing  conditions.  The  purpose  of  this  list  is  its  use 
in  the  co-operation  which  has  been  established  by  the  Committee  of 
Fourteen  with  the  brewers  and  suret}'  companies.  Some  places  on 
the  list  were  rated  as  those  to  which  on  account  of  disorderly  condi- 


1 Table  XXL 

= Annual  Report  of  the  Committee  of  Fourteen,  1909. 


Social  Conditions 


43 


tions  the  co-operating  surety  companies  were  to  refuse  corporate  bonds 
and  the  brewers  any  financial  assistance.  Others  were  rated  as  sus- 
picious and  were  to  be  assisted  by  the  brewers  only  to  a limited  extent 
and  granted  bonds  under  special  conditions,  but  the  outcome  of  this 
attempt  to  deal  with  these  places  has  not  been  satisfactoiy.  Some 
places  were  also  put  upon  the  list  although  they  were  closed  at  the 
time  because  there  was  grave  suspicion  that  they  would  not  be  con- 
ducted properly  if  opened. 

A field  investigation  was  undertaken  by  the  Eesearch  Committee, 
based  upon  the  reports  of  the  police  captains  for  a period  of  six 
months  ending  February  28,  1909,  of  disorderly  “Eaines  Law”  hotels 
and  saloons.  The  police  reported  40  disorderly  hotels  and  5 disorderly 
saloons  in  Manhattan  and  none  in  the  Bronx.  An  investigation  was 
made  of  40  of  those  reported  b}’  the  police.  Disorderly  conditions 
still  existed  in  IS,  or  45  jier  cent,  of  them.  While  this  investiga- 
tion was  in  progness  45  additional  disorderly  hotels  were  found,  33 
in  Manhattan,  and  12  in  the  Bronx  as  against  the  police  report  of 
none.’^  A brief  investigation  was  made  of  13  saloons  suspected  of  being 
disorderly  in  Manhattan,  including  5 reported  by  the  police.  In  9 
of  these  women  were  soliciting  openly.  In  the  Bronx,  where  no  dis- 
orderly saloons  were  reported  by  the  police,  11  were  found  which 
were  disorderly.  In  every  instance  where  disorderly  conditions  were 
reported  to  have  exsited,  it  was  found  that  soliciting  was  carried  on. 
One  hotel  in  which  an  investigator  lived  for  a few  weeks  had 
been  reported  “suppressed”  in  January,  1909.  There  were  7 such 
hotels  in  the  neighborhood.  ISTotwithstanding  the  “suppression,”  the 
investigator  counted  from  10  to  20  couples  who  were  received  nightly, 
the  women  being  recognized  as  disorderly  persons. 

At  the  close  of  the  investigation  (November,  1909),  the  disorderly 
women  were  more  aggressive  in  their  soliciting  than  during  the 
montlis  of  February  and  March,  1909,  when  the  above  investigation 
was  made.  This  was  especially  true  on  East  14th  Street  between  Third 
and  Fourth  Avenues;  Sixth  Avenue  between  West  23d  and  West 
33d  Streets;  Seventh  Avenue  between  West  34th  and  West  42d 
Streets ; Lexington  Avenue  between  Bast  23d  and  27th  Streets ; 
and  along  Broadway  from  West  23d  to  West  42d  Streets.  Prac- 
tically all  of  tlie  disorderly  women  in  these  sections  use  “Eaines  Law” 
hotels. 

The  chief  outward  manifestations  of  the  social  evil  in  New  York 
City  are  seen  in  the  solicitation  by  women  on  the  streets,  in  the  rear 
rooms  of  hotels  and  saloons  and  in  music  and  dance  halls.  This 


'Table  XXII. 


44 


The  Social  Evil  in  New  York  City 


increases  the  evil  of  the  ^'Eames  Law  hotels.'’  With  regard  to 
music  halls,  a distinction  must  be  made  between  the  rear  room 
of  a saloon  which  contains  a piano  with  perhaps  one  or  two  or 
even  three  singers,  who  are  also  waiters,  and  the  larger  places  where 
a more  pretentious  musical  program  is  given,  with  a number  of 
y performers,  and  where  the  only  drinks  are  served  by  waiters.  The 
typical  disorderly  music  hall  is  one  where  women  are  allowed  to  come 
and  go,  mingling  freely  with  different  men  at  the  tables.  One  of 
these  is  located  in  the  Tenderloin  a short  distance  from  Broadway,  on 
a side  street.  The  proprietor  is  interested  in  a neighboring  ‘^•'Eaines 
Law  hotel”  and  the  women  who  frequent  the  place  take  men  to  this 
hotel. 

Another  music  hall  is  located  in  Harlem  but  is  run  more  quietly 
than  the  one  just  described.  While  unaccompanied  women  are  allowed 
to  come  in  at  all  hours  and  sit  with  the  men  at  tables,  they  must  not 
openly  approach  or  solicit  them.  It  is  easy,  however,  by  means  of 
the  pretext  of  a former  acquaintance  to  secure  the  companionship  of 
an  unaccompanied  woman.  At  the  present  time  there  are  not  man}" 
such  music  halls. 

Brooklyn. — A brief  study  of  conditions  in  Brookl}Ti  by  the  Ee- 
search  Committee  showed  a marked  contrast  to  those  in  Manhattan. 
Many  of  the  places  were  practically  deserted  after  10  o’clock  p.  ac., 
and  few  immoral  women  frequented  the  rear  rooms  of  hotels  and 
saloons.  The  men  and  women  found  there  appeared  to  be  neighbors 
or  at  least  on  friendly  terms  with  each  other  and  the  majority  of 
women  soliciting  seemed  to  be  satisfied  if  they  were  able  to  find  one  man 
during  an  evening  to  take  them  to  an  hotel.  In  some  of  the  hotels 
everything  was  apparently  quiet,  though  bells  were  ringing  constantly 
and  waiters  hurried  upstairs  with  drinks.  An  unaccompanied  man 
was  not  alloived  to  go  to  sitting  rooms  upstairs,  and  a stranger 
iifimediately  aroused  suspicion  in  a way  not  true  in  Manhattan.  These 
conditions  made  the  task  difficult  of  finding  violations  of  the  law 
in  hotels  and  saloons. 

The  reports  of  the  poEce  for  various  precincts  in  Brookhm  for  a 
period  of  six  months  ending  February  28,  1909,  showed  30  hotels  and 
saloons  either  violating  the  law  or  under  suspicion.  Of  this  number 
13  were  in  Coney  Island  or  nearby  pleasure  resorts,  leaving  only  17 
in  the  heart  of  the  city  in  such  police  precincts  as  numbers  143,  145. 
147,  153,  159  and  160.  Of  the  17  hotels  and  saloons  in  Brookl}^ 
proper  10  were  under  police  surveillance,  5 keepers  were  arrested  and 
6 places  were  suppressed,  a total  of  21  actions  against  17  addresses. 
A personal  im^estigation  was  made  of  16  of  the  hotels  and  saloons  in 


Social  Conditioxs 


45 


Brooklyn  proper  and  disorderly  conditions  prevailed  in  5 of  them. 
While  this  investigation  was  in  progress  10  new  addresses  in  the  same 
precincts  were  found  which  were  not  reported  by  the  police.  In  all 
of  the  places  disorderly  and  suspicious  couditious  existed.^ 

Cases  on  the  Eecord  of  the  Committee  of  Fourteen. — The  follow- 
ing illustrate  the  difficulties  of  law  enforcement: 

Case  (A).  This  hotel  located  in  the  Tenderloin  is  conducted  by 
a woman  who  formerly  ran  a chain  of  disorderly  houses.  The  prin- 
cipal business  of  the  hotel  is  secured  from  a nearby  concert  hall 
saloon.  The  police  have  been  unable  to  get  the  necessary  evidence  for 
a case  against  this  place  because  of  the  peculiar  construction  of  the 
hotel  office  which  has  been  arranged  by  the  advice  of  counsel,  for  the 
express  purpose  of  evading  the  law. 

Case  (B).  This  is  a disorderly  hotel  of  the  w’orst  description,  for 
women  are  not  only  on  tlie  premises,  but  also  are  to  be  found  on  the 
street  in  the  vicinity  18  hours  out  of  the  24.  The  Excise  Department 
brought  an  action  to  revoke  the  license,  and  was  successful.  Another 
license  was  immediately  secured,  although  an  affidavit  had  been  pre- 
sented to  the  Commissioner  by  the  trustees  of  a technical  training 
school,  stating  that  the  entrance  of  the  hotel  was  within  200  feet  of  the 
entrance  of  their  school.  The  action  to  revoke  the  second  license  was 
also  successful  and  since  March,  1908,  the  hotel  has  been  without  a 
license.  The  Police  Department  was  especially  active  against  this 
place  and  secured  many  cases.  Five  of  these  cases  were  tried  on  the 
same  day.  The  defendants  pleaded  guilty,  and  the  Court  imposed  a 
total  fine  on  the  five  offenders  of  only  $125.  The  hotel  cannot  now 
lawfully  sell  liquor,  but  the  police  believe  that  the  owner  does  not 
intend  to  change  his  inethed  of  conducting  the  business,  and  while  the 
saloon  has  been  replaced  by  a cigar  store,  the  indications  are  that  it  is 
waiting  for  an  opportunity  to  open  up  a “dive.^’ 

Exforcemext  op  the  Law. 

Although  one  statute  regulates  the  entire  matter,  there  are  many 
difficulties  in  the  way  of  enforcement.  The  State  Excise  Department 
and  local  Police  Department  divide  the  responsibility.  The  former 
can  bring  both  civil  and  criminal  actions,  though  in  practice,  its 
activities  are  almost  wholly  on  the  civil  side.  The  Police  Department 
is  limited  to  actions  under  the  criminal  law.  Any  taxpayer  has  a right 
to  bring  suit  for  revocation  of  a license  but  very  seldom  is  a 'bona- 
fide  case  so  brought.  The  right  is  open  to  abuse  and  is  alleged  by 
some  to  be  a source  of  blackmail.  Since  November,  1907,  the 


1 Table  XXIII. 


46 


The  Social  Evil  in  New  York  City 


responsibility  of  the  State  authorities  has  been  increased  by  (A) 
Court  decision,  and  (B)  amendments  to  the  law. 

(A)  The  court  decision  was  given  in  a case  brought  by  the  Com- 
missioner of  Excise  upon  complaint  of  the  Committee  of  Fourteen  to 
revoke  the  liquor  license  of  a hotel  proprietor.  It  iras  alleged  that 
he  did  not  comply  with  the  requirements  of  the  Excise  Law  as  to  the 
niunber  of  rooms  necessary  for  a hotel.  The  Excise  Department, 
acting  under  an  opinion  of  Attorney  General  Mayer,  had  accepted 
ten  rooms  as  sufficient  in  New  York  City,  though  the  Building  Code 
required  sixteen  rooms.  In  March,  1909,  the  Court  of  Appeals 
affirmed  the  decision  of  the  Appellate  Division  which  held  that  the 
State  could  recognize  as  an  hotel  “a  building  having  ten  or  less  than 
sixteen  bedrooms,  if  otherwise  comphdng  with  the  Liquor  Tax  Law, 
although  it  could  not  be  classed  as  an  hotel  under  the  Building  Code.’’’- 

(B)  An  amendment  to  the  law,  passed  in  1908,  provided  for  a 
“penalty  upon  the  place,”  by  denying  a new  certificate  for  one  year 
to  any  premises  where  there  had  been  a conviction  for  keeping 
a disorderly  place.  This  “penalty  upon  the  place”  was  held  by 
Mr.  Justice  Dowling,  to  be  “a  constitutional  and  a lawful  exercise 
of  the  police  poiver  of  the  State.”-  However,  in  Dohertv*  v.  !MeKee, 
an  accompanying  decision,  the  same  justice  limited  the  amendment 
to  “the  conviction  of  the  certificate  holder”  based  upon  the  strict 
wording  of  the  amendment,  though  it  was  contended  that  the  intent 
was  to  include  the  acts  of  a “clerk,  agent,  employee  or  servant.” 

By  this  limitation  the  penalty  on  the  place  is  imposed  only  as  the 
result  of  a civil  revocation  action  whereby  it  is  shown  that  the  licensee 
permitted  the  premises  to  be  disorderly  or  a criminal  case  wherein 
the  licensee  is  shown  to  have  conducted  the  premises  as  a disorderly 
house  in  violation  of  Section  1146  of  the  Penal  Law. 

Civil  actions  being  limited  to  the  State  Commissioner  of  Excise 
or  to  a taxpayer  are  not  a regular  means  of  law  enforcement  by  local 
officials  who  deal  onh-  with  criminal  actions.  The  latter  are  inef- 
fectual for  two  reasons:  (1).  In  the  ease  of  disorderly  resorts,  the 
license  is  “taken  out  in  the  name  of  a dummy,”  despite  the  careful 
provisions  of  the  law.  (2).  The  proprietor,  especially  if  he  is  also  the 
licensee,  is  vei-y  careful  not  to  incriminate  himself.  Should  the 
licensee  happen  to  be  a defendant,  it  is  customary  to  make  a “motion 
to  transfer”  upon  the  ground  of  the  severe  penaltv'  that  would  result 
from  a conviction.  Such  motions  have  been  generally  granted. 

*195  N.T.,  .'530;  129  A.  D.,  page  229. 

- See  People  ex  rel.  Bernard  v.  iIcKee.  59  ilisc.  p.  3C9.  .\ffirmed  12G  A.  1).. 

954. 

3 For  text  of  the  law,  see  Appendix  II. 


Social  Conditions 


47 


These  necessitate  indictment  and  Petit  Jury  convictions,  which  are 
very  seldom  obtainable  in  disorderly  house  eases. 

Because  of  this  situation,  local  authorities  are  without  efEective 
penalties  and  remedies  are  vested  in  the  State  Commissioner.  Early 
in  1909,  the  local  authorities  furnished  the  State  Excise  Commissioner 
with  the  necessary  evidence  asking  that  action  through  his  depart- 
ment be  brought  against  the  places.  As  a result,  15  of  the  worst  dives 
in  the  city  were  closed  by  July  1.  Of  this  co-operation  former  Police 
Commissioner  Bingham  saysp 

“About  the  lower  Bowery  and  Chatham  Square  there  were  a group  of 
dives  which  had  become  historical  institutions  of  the  City.  They  had  run 
so  long  without  molestation  that  they  were  practically  considered  as  vested 
interests  of  the  section.  They  were  of  course  “hang-outs”  for  prostitutes 
and  cadets  as  well,  the  Italian  cadet  being  very  strong  in  this  section. 
Last  winter  we  discovered  that  we  could — under  a State  Law  passed  in  the 
spring  of  1908  prosecute  these  places  as  disorderly  resorts,  not  in  the  crim- 
inal courts  where  they  could  use  their  familiar  tactics,  but  in  civil  courts 
and  take  away  the  privilege  of  selling  liquors  in  the  same  building  for  an 
entire  year.” 


Causes  of  N'on-enforce:ment  of  the  Law. 

These  may  be  grouped  under  six  heads:  (1)  Defects  in  the 
law  and  its  administration  by  the  Excise  Department.  (2)  Inac- 
tivity of  the  police.  (3)  Court  methods  and  rules  of  evidence. 
(4)  Division  of  authority  between  the  Excise  and  Police  Depart- 
ments. (5)  Business-interests:  brewers,  bonding  companies  and  pro- 
prietors. (6)  Political  influences. 

Defects  in  the  law,  and  its  administration  by  the  Excise  Depart- 
ment.— The  causes  of  non-enforcement  of  the  law  are  clearly  shovm 
in  an  article  on  the  “Suppression  of  the  Baines  Law  Hotels”  by  Dr. 
John  P.  Peters,  Chairman  of  the  Committee  of  Fourteen,  in  which 
he  says : ^ 

“The  investigations  of  the  Committee  of  Fourteen  had  shown  that  the 
Excise  Department  was  run  for  revenue  as  its  chief  object.  The  courts  in 
a case  brought  to  test  the  constitutionality  of  the  Raines  law  had  adjudged 
that  law  constitutional  only  as  a police  measure.  The  Excise  Department, 
however,  had  administered  it  as  a revenue  measure,  with  the  object  of 
securing  as  much  profit  as  possible  out  of  the  sale  of  licenses.  The  Excise 
Commissioner  had  been  in  the  habit  of  practically  granting  extra-legal 
licenses  to  brothel-hotels  and  the  like,  in  consideration  of  the  payment  at 
certain  intervals  of  an  extra  fee,  disguised  as  a penalty.  Had  he  not  done 
so  it  would  have  been  impossible  for  the  ‘Raines  Law  Hotel’  evil  to  attain 
the  proportions  which  it  did.  The  way  in  which  this  extra  fee  was  levied  was 
as  follows : 

“The  Excise  Department  each  year  secured  through  its  agents  evidence 
of  violation  of  the  law  in  a certain  number  of  places.  This  evidence  was 
sufficient  to  revoke  the  license  and  forfeit  the  bond.  The  former  action  must 


1 McClure's  Magazine.  November.  1909,  page  62. 

2 Annals  of  the  American  Academy  of  Political  and  Social  Science,  November, 
1908. 


48 


The  Social  Evil  in  New  York  City 


be  brought  before  the  expiration  of  the  certificate  and  so  is  limited,  but  the 
bond  forfeiture  action  was,  until  this  year,  only  limited  by  the  statute  of 
limitations  (twenty  years).  These  latter  actions  were  therefore  brought 
when  and  as  the  Department  considered  best  for  its  policy  of  revenue  collec- 
tion. While  these  actions  constituted  in  themselves  a very  considerable 
penalt}^  in  comparatively  few  cases  did  they  put  the  saloons  out  of  business, 
nor  was  it  apparently  the  intention  of  the  Commissioner  of  Excise  that  they 
should  do  so.  As  a rule  in  the  case  of  revocation  actions  a new  license  was 
obtained  for  the  balance  of  the  year,  under  which  business  was  continued  as 
before,  and  the  Excise  Department  was  so  much  to  the  good.  Had  the  Com- 
missioner actually  desired  to  prevent  immoral  traffic  he  could  have  done  so  by 
following  up  each  case  with  repeated  prosecutions  until  the  place  was  put  out 
of  business  or  compelled  to  abandon  its  immoral  traffic.  A few  examples  in 
each  town  would  have  been  quite  sufficient  to  give  the  department  control  of 
the  situation.  What  was  done,  however,  was  quite  different.  Instead  of 
following  up  any  given  offender,  until  he  ceased  offending  or  was  put  out 
of  business,  after  one  license  had  been  revoked  the  commissioner  turned  his 
attention  to  some  one  else,  leaving  the  first  offender  alone  for  a period  of 
years  until  he  had  recouped  his  losses.  The  result  was  a notable  increase  of 
revenue  for  the  state,  while  few  offenders  were  mulcted  so  heavily  as  to  put 
them  out  of  business.  Thus  the  state,  through  its  excise  commissioner, 
really  licensed  vicious  resorts  in  consideration  of  the  payment  of  extra  fees. 

“This  system  was  to  some  extent  interfered  with  by  the  action  of  private 
individuals  and  societies  who  instituted  prosecutions  on  their  own  account; 
and  at  one  time  the  Excise  Department,  with  the  aid  of  the  then  governor 
of  the  state  and  of  the  originator  of  the  law.  actually  secured  an  amendment 
to  the  law,  preventing  such  action  by  private  citizens,  which  interfered  with 
this  method  of  extra  legal  licensing  of  vice  by  the  state. 

“About  this  time,  1907,  the  Committee  called  the  attention  of  the  Depart- 
ment to  an  apparent  wholesale  violation  of  the  law  in  New  York  City  under 
previous  administrations.  The  law  specifies  ten  bedrooms  as  the  minimum 
for  a hotel  in  any  locality  but  provides  for  compliance  with  local  regulations 
as  to  the  number  of  bedrooms,  etc.,  wherever  such  exist.  The  Excise  De- 
partment had.  however,  without  court  interpretation  actually  accepted  in 
New  York  City  ten  rooms  as  constituting  a hotel  although  under  the  pro- 
visions of  the  building  code  in  that  city  a hotel  must  have  over  fifteen  rooms. 
Had  the  Excise  Department  from  the  outset  insisted  on  the  number  of  rooms 
nominated  in  the  building  code,  the  ten  room  ‘Raines  Law  hotels’  could 
never  have  come  into  existence  in  New  York  City.  The  Courts  would  doubt- 
less at  that  time  have  sustained  this  natural  and  common  sense  interpretation 
of  the  law;  if  in  fact  any  one  had  questioned  it.  But  New  York  Courts  have 
notoriously  the  habit  of  legislating  by  judicial  decision  for  the  protection  of 
’vested  interests.  When  therefore,  after  the  conference  referred  to  above, 
the  present  excise  commissioner  attempted  this  year  to  change  the  practice 
followed  for  twelve  years  and  required  instead  of  ten  bedrooms  for  a hotel 
more  than  fifteen,  as  provided  by  the  building  code,  this  decision  was  con- 
tested and  the  courts,  in  view  of  the  considerable  vested  interests  which  had 
been  allowed  to  arise  under  the  former  practice  of  the  Excise  Department 
and  which  would  be  injured  by  the  new  ruling  of  the  department,  interpreted 
the  law,  contrary  to  the  plain  statement  of  its  letter,  as  requiring  no  more 
than  ten  rooms  to  constitute  a hotel.’’ 

With  reference  to  the  adequacy  of  the  Department,  the  Bulletin 
of  the  Committee  of  Fourteen  for  November,  1909,  says; 

"It  is  impossible  for  the  Legal  Bureau  of  the  Excise  Department  to 
handle  each  year  the  maximum  number  of  actions  that  come  up  for  disposi- 
tion.— first  a year  is  occupied  with  revocation  proceedings  and  some  old 
bonds,  as  1905-6  and  1907-8,  while  the  succeeding  3-ear  is  occupied  with  bond 
actions  and  contested  cases.  In  part  also,  these  variations  have  been  due  ^ 
to  change  of  procedure  and  penaltv'.  The  ver3-  effective  ‘penalt\-  upon  the  • 
place’  has  resulted  in  the  cases  being  hotly  contested.  Repeated  revocations  ( 
and  bond  actions  against  a place  are  not  as  effective  as  supposed.  Out  f 


Social  Conditions 


49 


of  actions  brought  aganst  325  different  places  (of  all  kinds),  more  than  a 
single  action  against  the  same  place  has  been  brought  in  only  48  cases.  Out 
of  these  48  cases  but  10  can  be  said  to  have  ‘cleaned  or  closed’  up  because 
of  the  Excise  Department  actions  alone.  Such  a condition  has  been  attained 
in  II  cases  through  such  actions  aided  by  other  cases  or  agencies.  Ten 
places  are  closed  by  the  place  iienalty  while  15  show  no  improvement  at  all. 
Among  the  latter  are  two  places  which  have  each  suffered  a revocation 
and  losses  on  four  bonds. 

"In  certain  cases,  the  Excise  Department  has  brought  a revocation 
proceeding  and  two  bond  actions  upon  the  licenses  of  the  same  place  for  a 
single  j'ear.  The  records  indicate  that  this  maximum  has  been  brought  in 
eight  cases  and  that  six  of  these  places  are  closed.  The  credit,  however, 
for  closing  must  be  shared,  if  not  wholly  attributed,  to  other  causes.  * * * 

‘‘By  the  general  Appropriation  Act  of  1909,  the  expenditure  of  $160,000 
was  authorized  for  60  special  agents  and  detective  service.  For  the  legal 
expenses  of  four  offices  $80,000.  The  Commissioner  reports  that  in  1908 
the  number  of  complaints  investigated  averaged  45  per  agent.  He  also 
reports  565  revocations  and  bond  actions  completed,  in  the  same  year.” 

(2)  Inactivity  of  the  Police. — That  the  police  fail  to  report  all 
of  the  disorderly  hotels  and  saloons  in  the  different  precincts  was 
definitely  shown  by  the  records  and  by  the  results  of  the  investigation 
given  under  prevailing  conditions.  The  reason  is  not  that  the  police 
do  not  know  about  these  places  but  that  the)^  are  paid  to  protect 
them  or  fear  to  molest  them.  i\.s  an  illustration,  in  IMarch,  1908, 
a number  of  plain  clothes  men  were  arresting  women  who  Avere  con- 
nected Avith  certain  saloon  dives  and  hotels.  The  policemen  in  uni- 
form AA-ent  just  ahead  of  the  detectives  and  “tipped  off'”  the  proprietors 
of  these  places  as  to  the  time  Avhen  the  Avomen  could  safely  emerge. 

Some  of  the  small  quiet  loAver  East  and  West  side  hotels  Avhere 
rooms  are  rented  for  immoral  purposes  are  reported  to  jiay  the  plain 
clothes  man  $25  per  month.  The  money  for  protection  on  the  part 
of  the  iiolice  is  stated  to  be  collected  in  a variety  of  Avays.  Sometimes 
a man  near  to  the  captain  Avill  collect  from  the  saloons;  in  other  in- 
stances a keeper  Avill  collect  from  several  other  keepers  and  put  the 
entire  amount  into  a friendly  business  man’s  hands  Avho  in  turn  de- 
livers it  over  to  a representative  of  the  police  force. 

(3)  Court  Methods  and  Rules  of  Evidence. — ^The  methods  em- 
ployed by  the  courts  in  dealing  Avith  offenders  against  the  liquor  tax 
law,  especially  that  section  relating  to  disorderly  houses,  has  ahvays 
been  a detriment  to  its  proper  enforcement.  In  the  j\Iagistratos’ 
Courts,  ]irosecutors  are  confronted  AAoth  ridiculous  technicalities.  Even 
magistrates  Aiho  really  desire  to  enforce  the  laAv  often  hesitate  to  hold 
the  prisoner  because  of  a suspicion  that  the  police  have  “framed”  the 
case,  in  order  to  use  it  in  compelling  proprietors  of  disorderly  places 
to  pav  graft.  On  this  matter,  Dr.  John  P.  Peters  in  1908  said: 

“In  the  Court  of  Special  Sessions,  there  arc  long  delays  in  favored  cases, 

' "Snpiiression  of  the  U.Tines  I.aw  Hotel."  Tlie  Annals  of  the  .American 
Academy  of  rolitical  and  Social  Science,  1008,  pages  01-92. 


50 


The  Social  Evil  in  New  York  City 


political  pressure,  and  often  a nominal  forfeiture  of  bail  bond,  which  is 
generally  equivalent  to  a nullification  of  the  law.  The  report  of  the 
District  Attorney  shows  that  out  of  457  bonds  theoretically  forfeited  in  this 
court  in  1907  only  ii  were  actually  sent  to  his  office  for  collection.  When 
the  cases  actually  did  appear  on  the  calendar,  the  attorneys  for  the  defense, 
not  desiring  a speedy  trial,  were  full  of  ingenious  excuses  for  postponements 
which  in  its  crowded  condition,  the  court  was  not  averse  to  granting.  If 
the  Court  refused  to  grant  the  postponement,  a ‘doctor’s  certificate’  would 
be  presented.  The  right  to  move  for  a Jury  trial  or  other  technical  delays 
were  also  used.  But  none  of  these  delays  would  have  been  of  value,  had  the 
judges,  when  convictions  were  secured,  taken  the  facts  into  consideration, 
and  imposed  a sentence  carrying  a penalty  equal  to  that  which  would  have 
been  suffered  by  a more  prompt  decision.” 

Closehf  connected  with  the  methods  of  the  courts  is  the  nature  of 
evidence  required  for  conviction  where  the  charge  is  for  conducting  a 
disorderly  house  in  violation  of  Section  322  of  the  Penal  Code,  now 
Section  1146  of  the  Penal  Law.^  The  Commissioner  of  Excise  is 
averse  to  ordering  his  agents  to  secure  the  evidence  necessarj^  for  a 
successful  criminal  case,  stating  that  his  men  are  of  a high  class  and 
he  will  not  run  the  risk  of  destroying  their  reputation  by  requiring 
them  to  get  the  necessary  evidence. 

(4)  Division  of  Authority  Between  Excise  and  Police  Depart- 
ments.— This  is  probably  one  of  the  most  serious  weaknesses  in  the 
problem  of  law  enforcement.  As  pointed  out,  the  Excise  Department 
may  prosecute  in  both  civil  and  criminal  cases,  but  as  a matter  of  fact 
it  only  uses  its  prerogative  in  civil  actions,  while  the  police  are  limited 
to  criminal  actions. 

As  a consequence,  one  department  waits  for  the  other  to  act  and 
this  often  results  in  misunderstandings  and  confusion.  It  is  true, 
former  Police  Commissioner  Bingham  co-operaterl  with  the  Excise 
Department  in  a few  civil  cases,  but  in  this  connection  he  says: 

“The  police  should  have  no  contact  with  saloons  nor  with  enforcing  the 
Excise  Law,  but  should  be  confined  to  their  legitimate  duty  of  maintaining 
the  peace  and,  of  course,  making  arrests  for  violations  of  law  occurring 
openly  in  their  presence.  Enforcement  of  the  Excise  Law  should  rest 
entirely  with  the  Excise  Commissioner  and  his  agents.  Legalize  the  above 
two  provisions  and  at  once  the  status  of  a police  force  will  be  raised  to  a 
plane  never  yet  attained  in  this  country”! - 

Business-interests:  Brewers,  Surety  Companies  and  Proprietors. — 
The  brewers  practically  control  the  sale  of  liquor  in  New  York  City. 
“They  own  between  80  and  85  per  cent,  of  the  11,000  or  more  saloons 
of  the  city  by  chattel  mortgage;  they  advance  the  annual  S525  to 
$1,200  of  license  money  for  nearly  85  per  cent,  of  the  saloons.’’" 

The  chattel  mortgage  system  by  which  the  brewers  acquire  control 
of  the  sale  of  liquor  is  in  part  responsible  for  the  conditions  as  they 


' For  nature  of  evidence  required,  see  page  35. 

- "Policing  Our  Lawless  Cities.”  Hampton's  Magazine.  September.  1909. 

3 “The  Saloon  in  New  York,”  by  Arthur  H.  Gleason.  Collier's  Weekly.  April 


Social  Conditions 


51 


exist  in  many  of  the  disorderly  hotels  and  saloons  in  the  city  and  for 
many  of  the  difficulties  met  with  in  securing  enforcement  of  the  law. 
Under  the  present  law,  any  citizen  can  procure  a license  by  giving 
a bond,  no  matter  how  many  saloons  may  exist  in  the  vicinity.  As 
a result  the  number  of  saloons  far  exceeds  the  demand.  Generally, 
the  man  who  opens  a saloon  for  a brewer  is  one  who  has  been  com- 
pelled to  borrow  money  from  him  to  equip  the  saloon  with  furniture 
and  beer,  and  the  money  to  pay  the  license  fee  and  premium  on  his 
bond.  To  secure  the  loan  a chattel  mortgage  is  placed  on  the  saloon 
and  its  effects  and  from  this  time  on  the  dealer  feels  the  unrelenting 
grip  of  the  brewer.  He  may  sell  only  the  brewer’s  beer  and  no  other, 
pay  all  charges  for  city  water,  and  the  mortgage  stipulates  that  the 
license  is  non-transferable. 

As  a result  of  the  over-competition,  combined  with  the  debt  which 
increases  the  longer  the  dealer  does  business  under  such  conditions, 
lie  is  often  actuall}'"  compelled  to  increase  his  income  by  allowing  dis- 
orderly conditions  to  exist  in  the  rear  room  of  his  saloon  and  in  the 
bedrooms  upstairs  which  he  has  converted  into  an  hotel  for  the  pur- 
pose of  making  lawful  Sunday  sales.  He  must  then  seek  protection 
for  these  conditions,  thereby  placing  another  difficulty  in  the  way  of 
law  enforcement.  The  brewers  know  that  many  of  their  dealers  are 
compelled  to  combine  the  sale  of  liquor  with  prostitution,  for  every 
week  their  collectors  visit  the  saloons  and  hotels  and  render  a report 
of  what  they  find. 

In  view  of  this  fact  it  is  interesting  to  note  that  when  the  Com- 
mittee of  Fourteen  laid  before  the  brewers  the  conditions  existing  in 
hotels  and  saloons  where  their  beer  was  sold,  the}'-  immediately  took 
the  matter  up  and  in  some  instances  investigated  the  premises  com- 
plained of  and  corrected  conditions.  They  even  went  further  and 
passed  resolutions  condemning  the  sale  of  beer  in  connection  with 
disorderly  places,  and  in  May,  1908,  they  entered  into  an  agreement 
which  was  signed  by  individuals  representing  brewers  who  were 
supplying  95  per  cent,  of  the  beer  sold  in  saloons  and'  hotels  in  Hew 
York  City.  This  agreement,  in  part,  is  as  follows:^ 

“We,  the  undersigned  brewers,  doing  business  in  Greater  New  York, 
recognizing  the  propriety  and  importance  of  doing  all  in  our  power  to 
assist  in  abating  the  evils  caused  by  the  existence  of  liquor  stores,  saloons 
and  so-called  Raines  Law  hotels  which  are  of  a disorderly  character  here- 
by agree  among  ourselves  that  we  will  continue  our  co-operation  with  the 
Committee  of  Fourteen  in  their  work  of  abolishing  all  disorderly  liquor 
stores  and  saloons.  Our  agreement  is  based  upon  the  understanding  that 
when  the  committee  appointed  by  the  president  of  the  board  of  trade  for 
the  purpose  of  investigating  all  places  reported  to  us  as  disorderly  by  the 


1 The  Annals  of  the  American  Academy  of  Political  and  Social  Science, 
November,  1908,  page  94. 


52 


The  Social  Evil  ix  New  York  City 


Committee  of  Fourteen,  has,  after  such  investigation,  decided  that  a place 
is  disorderl}^  we  agree  that  we  will  at  once  secure  the  discontinuance  of  all 
disorderly  practices  in  such  place,  or,  failing  in  this,  that  we  will  at  once 
withdraw  all  financial  support,  discontinuing  the  supply  of  beer  and  bring 
about,  so  far  as  we  can,  the  closing  up  of  such  place.” 

No  one  questions  tlie  sincerity  of  certain  brewers  who  signed  this 
agreement,  but  it  is  intimated  liy  one  who  has  made  a careful  study 
of  the  situation  that  some  of  them  exjiected  to  thus  appease  the 
public  and  graduall}'  allow  conditions  to  continue  or  relapse  to  what 
thei'’  were  formerly. 

The  surety  compan}-  is  another  business  interest  wliich  has  a 
vital  relation  to  the  sale  of  licpior  in  connection  with  disorderly  places. 
This  interest  is  one  more  link  in  the  chain  which  binds  the  brewer  and 
the  dealer  together,  for  the  dealer  must  often  appeal  to  the  brewer 
for  the  (money  with  which  to  jiay  the  premium  on  the  required  bond. 
The  amount  of  this  bond  is  $1,800  for  Manhattan  and  the  Bronx  and 
the  bond  is  forfeited  when  a dealer  is  convicted  for  violation  of  the 
law,  the  money  going  to  the  State.  As  surety  companies  are  loath 
to  take  any  chances  with  disorderly  places,  various  methods  are  used 
by  the  brewers  to  get  them  to  accept  places  which  are  actually  known 
to  be  in  this  class.  One  ivay  v'as  for  a representative  of  a big  lirewer 
to  go  to  a surety  company  asking  if  it  would  accept  a certain  number 
of  disorderly  places  if  they  were  also  given  the  liusiness  of  a much 
larger  number  of  orderly  places.  This  proved  a great  temptation  to 
the  surety  companies,  for  a ref  usual  meant  the  loss  of  much  legitimate 
business. 

The  Committee  of  Fourteen  has  endeavored  to  secure  the  same 
co-operation  with  the  surety  companies  as  with  the  brewers.  All 
the  larger  companies  have  agreed  to  refuse  to  issue  bonds  in  instances 
where  the  jhaces  are  notorious  and  are  known  to  be  such  by  the  police 
and  others.  Up  to  December,  1909,  one  surety  company  had  failed 
to  co-operate  with  the  others.  It  gave  as  an  excuse  the  necessity  of 
securing  all  the  business  possible  in  order  to  make  up  for  former 
losses.  In  refusing  to  co-operate,  this  company  has  a certain  monopoly 
and  is  rejiorted  to  have  asked  a $1,000  premium  against  a 1:'ond  of 
$1,800  when  written  for  a disorderly  place. 

Political  influences. — The  liquor  dealer  who  is  conducting  a dis- 
orderly hotel  or  rear  room,  fully  realizes  that  he  must  have  an  under- 
standing with  certain  politicians,  especially  the  leader  of  the  district 
in  which  his  place  is  located.  This  understanding  implies  active 
political  service  on  the  part  of  the  dealer  and  protection  is  received 
when  his  place  is  under  police  surveillance  or  about  to  be  raided.  The 
dealer  is  often  a political  captain  in  the  district  and  his  hotel  a lodging 


Social  Conditions 


53 


house  for  floaters  and  repeaters.  A number  of  such  captains  are  pro- 
prietors of  notorious  ‘‘'Eaines  Law  hotels’^  and  saloons  in  a certain 
part  of  the  city. 

Summary. 

1.  The  number  of  “Eaines  Law”  hotels,  l>y  reason  of  investiga- 
tion, prosecutions  and  amendments  to  the  law  are  being  constantly 
reduced. 

2.  Those  remaining  are  a great  menace,  because  of  the  combina- 
tion of  forces  for  evil.  They  make  vice  easier  because  they  are 
protected  by  powerful  influences,  including  the  liquor  interests.  They 
divide  soliciting  and  prostitution,  making  the  number  of  people  who 
profit  off  vice  much,  larger.  The  women  tempt  the  men  not  only 
to  immorality  but  to  drink  and  there  is  opportunity  for  drugged 
drinks  and  robbery.  Thc}^  combine  recreation  and  amusements  and 
music  and  make  them  pander  to  vice.  Young  girls  are  more  easily 
induced  to  enter  them  than  they  ivould  be  to  go  to  a disorderly  house 
or  saloon  and  they  cannot  readily  distinguish  between  good  and  bad 
hotels.  This  is  especially  so  with  out  of  town  girls  and  immigrants. 
These  conditions  arc  the  result  of  the  division  of  responsibility  and 
authority  between  the  Excise  and  Poice  Departments,  tlie  inactivity  of 
the  police  and  the  necessity  of  proceeding  many  times  against  the 
same  place,  the  slow  disposal  of  cases  in  the  courts  and  the  difficulty 
of  obtaining  evidence,  and  the  combination  of  business  interests  and 
political  influences  which  prevent  enforcement. 

DAYCE  HALL  LAWS.  ’ 

The  dance  hall  in  the  city  bears  a dual  relation  to  the  social  evil. 
It  offers  the  most*  popular  form  of  recreation  to  young  people  and 
may  be  the  open  door  to  an  immoral  life  if  this  jiastime  is  not  safe- 
guarded at  every  point.  Moreover,  certain  dance  halls  are  definitely 
used  for  the  purpose  of  luring  3'oung  women  into  lives  of  prostitution. 
The  great  demand  for  an  inexpensive  and  popular  form  of  amuse- 
ment has  led  to  the  commercializing  of  this  form  of  amusement  and 
these  halls  have  in  many  instances  been  used  by  commercialized  vice. 

Provisions  of  the  Laws. 

There  are  three  laws  which  apply  in  some  measure  to  dance  halls. 
The  first  is  Section  483  of  the  Penal  Law  Avhich  prohibits  any  person 
from  impairing  the  morals  of  a child  under  the  age  of  16  years. 
The  second  is  Section  484  which  forbids  any  person  to  admit  or  allow 
to  remain  in  any  dance  hall,  concert  saloon,  or  in  any  place  where 


54  The  Socia]>  Evil  in  New  Yoke  City 

wines  and  liquors  are  sold,  or  in  any  place  of  entertainment  injurious 
to  health  or  morals,  owned,  kept,  leased,  managed  or  controlled  by 
him,  or  by  his  employees,  any  child  actually  or  apparently  under  the 
age  of  16  years  unless  accompanied  by  its  parents  or  guardiand  The 
third  provides  for  the  licensing  of  dancing  academies  in  New  York 
City.- 

Conditions  Preceding  the  Passage  of  the  Laav. 

The  regulations  contained  in  the  first  two  laws  above  quoted  have 
been  on  the  statute  books  a long  time,  but  more  or  less  ignored  and 
did  not  meet  the  situation  developed  by  the  rapid  growth  of  popula- 
tion, the  growing  need  for  recreation  and  the  development  of  the 
“Raines  Law”  hotel,  saloon,  dance  hall,  dancing  academy,  etc. 

An  investigation  made  by  the  Committee  on  Amusements  and 
Vacation  Resources  of  Working  Girls  has  made  unnecessary  a de- 
tailed investigation  by  the  Research  Committee.  The  following  sum- 
mary of  conditions  is  taken  from  its  report  of  1908. 

Description  and  Methods  Used  by  Dance  Halls. — Seventy-three 
dance  halls  were  visited  in  Manhattan,  Brooklyn,  and  different  summer 
resorts.  Of  this  number  49  were  conducted  in  connection  Avith  the 
sale  of  liquor,  22  of  these  being  attached  to  ‘Tlaines  Law”  hotels. 

The  records  show  that  there  were  2,205  unescorted  girls  at  the 
73  dance  halls  during  the  visits  of  the  investigator,  and  218  of  these 
were  spoken  to  by  her.  They  were  stenographers,  clerks,  office,  store 
and  factory  girls.  In  the  dance  halls  where  liquor  is  sold,  the  dance 
continues  from  tlixee  to  five  minutes  followed  by  an  intermission  of 
from  ten  to  twent}"  minutes  during  which  time  liquor  is  sold.  The 
proprietors  provide  tables  and  chairs  about  the  halls,  and  no  one  is 
supposed  to  sit  doAvn  unless  drinks  are  ordered. 

One  of  the  favorite  dances  in  halls  of  this  type  is  the  spiel,  which 
requires  much  tAvirling  and  twisting,  and  is  an  objectionable  dance. 
In  all  of  these  places  the  spieler  is  present.  He  is  an  expert  dancer 
and  is  very  popular  because  of  this  fact.  He  usually  belongs  to  a 
gang  or  immoral  class  of  j'oung  men,  and  his  influence  for  the  most 
part  is  bad.  In  manA^  halls  he  is  the  type  of  “iDum”  who  has  led  girls 
astray. 

The  female  spielers  are  nearly  all  immoral,  and  their  influence 
upon  the  young  men  and  girls  is  also  bad.  Most  of  these  girls  are 
under  tAventy  years  of  age,  and  they  go  to  the  dance  halls  practically 
every  night. 


’ For  text  of  law  see  Appendix  XXX  : and  page  125. 
* For  text  of  law  see  Appendix  IX. 


Social  Conditions 


55 


Most  of  the  dance  halls  where  liquor  is  sold  are  well  lighted,  have 
excellent  floors  and  good  ninsic.  Outwardly  they  seem  fairly  respect- 
able to  the  ordinary  stranger,  there  being  very  little  loud  noise  or 
intoxication.  The  greatest  danger  lies  in  the  fact  that  hotel  accom- 
modations may  be  easily  secured  In  the  same  building  or  nearby,  and 
that  women  are  expected  to  drink  with  their  partners.  Another 
source  of  danger  to  the  respectable  girl  at  these  dances  is  the  constant 
companionship  night  after  night  with  immoral  women  who  predom- 
inate in  places  of  this  type.  They  appear  in  gowns  far  beyond  the 
reach  of  the  average  working  girl  and  she  gradually  becomes  dissatis- 
fled  with  her  own  personal  appearance,  and  is  soon  seeking  the  ac- 
quaintanceship of  men  who  will  either  give  her  money  or  presents. 
Often  such  men  are  met  through  the  waiters  who  are  only  too  glad 
to  bring  them  together  at  tables  for  the  tips. 

Beside  the  inside  dance  hall  with  its  bar,  there  are  a number  of 
casinos  with  small  parks  adjacent  which  are  used  by  special  clubs, 
private  parties  and  other  organizations  for  “rackets”  and  “picnics.” 
The  price  of  admission  to  these  amusement  places  varies  from  $1  to 
$5,  which  includes  refreshments,  all  the  beer  that  is  desired,  and  the 
privilege  to  dance.  The  tickets  are  sold  promiscuously  and  as  a con- 
sequence, many  immoral  persons  are  attracted,  the  women  to  form 
new  acquaintances  and  meet  old  friends,  the  men  to  make  new 
conquests.  In  the  evening  the  price  of  admission  is  reduced  to  25 
cents,  and  when  the  day  crowd  goes  home,  another  crowd  takes 
possession.  At  one  place  of  this  character  different  men  told  the 
investigator  that  decent  women  leave  the  park  at  8 o’clock.  The 
shrubbery  and  trees,  the  poor  lighting  and  absence  of  sufficient  police 
surveillance  are  conducive  to  immorality.  In  another  park  many 
boisterous  girls  under  16  were  seen,  some  already  showing  signs  of 
dissipation. 

Outside  Amusement  Parks  and  Resorts. — These  places,  especially 
those  on  Staten  Island  and  Long  Island,  may  be  divided  into  two 
classes,  the  first  where  respectable  women  are  comparatively  safe  from 
annoyance,  and  the  second  where  women  without  male  escorts  are 
accosted  in  an  improper  manner.  At  one  place  on  Long  Island  there 
are  eight  dance  halls,  two  of  them  for  colored  persons.  During  the 
visits  here  the  investigator  and  her  companion  were  accosted  by 
different  men.  Very  few  typical  blew  York  prostitutes  and  men  fre- 
quent these  places.  The  women  who  come  are  working  girls,  some 
from  Manhattan,  others  from  Brooklyn  and  vicinitAV  As  they  step 
from  the  ferries  they  are  often  accosted  by  men. 

“Baines  Laiv”  hotels  are  found  in  all  of  these  summer  resorts.  In 


56 


The  Social  Evil  in  New  York  City 


many  instances  they  are  connected  with  dance  halls.  Some  of  the 
moving  picture  shows  have  dance  halls  connected  with  them,  and 
nearly  all  dance  halls  are  conducted  as  an  adjunct  to  a saloon. 

Dancing  Academies. — These  are  mainly  dancing  schools.  For  con- 
venience, the  investigation  of  these  places  was  confined  to  two  sec- 
tions of  the  city;  one  on  the  East  and  the  other  on  the  West  side.  On 
the  East  side,  15  dancing  schools  were  visited.  The  majority  of  girls 
who  attended  places  of  this  type  were  from  14  to  20  years  of  age,  and 
the  boys  quite  as  young.  In  one  school  50  girls  were  present  and  not 
one  appeared  to  be  over  18.  “Tough”  dancing  was  seen  in  all  the 
places  visited.  The  spieler  also  was  present,  and  was  one  of  the 
objectionable  features. 

The  beginners  in  these  dancing  schools  on  the  East  side  pay  $5  for 
a term  of  24  lessons,  and  afterwards  the  admission  fee  is  5 cents  for 
girls  and  10  cents  for  boys  on  class  nights,  and  10  and  15  cents  on 
other  nights.  A number  of  girls  were  seen  who  only  earned  $5  to  $7 
per  week.  Out  of  these  sums  the}^  paid  50  cents  or  more  each  week 
for  the  dances.  One  girl,  earning  $7  per  week,  had  paid  out  $9  for 
dancing  lessons  and  had  not  yet  learned. 

jMost  of  the  girls  go  to  the  dancing  schools  alone,  and  depend  upon 
the  boys  they  meet  to  take  them  home  and  buy  refreshments.  [Many 
go  to  the  dances  without  the  knowledge  or  consent  of  their  parents, 
inventing  such  excuses  as  that  they  are  going  for  a walk  or  to  visit 
friends  or  relatives. 

There  are  various  grades  of  dancing  schools  on  the  East  side. 
Some  have  better  ventilation  than  others  and  larger  floors  and  make 
a pretense  of  keeping  order.  Others  do  not  allow  spielers  and  the 
managers  have  assistants  who  keep  excellent  order.  In  many  of  the 
halls  the  boys  dance  without  coats  or  collars  and  often  wear  their 
hats.  Smoking  is  allowed  in  all  the  halls. 

During  the  investigation  many  girls  who  came  to  the  dance  halls 
solely  for  amusement  said  that  they  never  talked  to  the  men  the}’  met 
after  they  left  the  halls,  and  when  they  came  to  know  girls  who  were 
immoral  they  kept  away  from  them.  A"et  respectable  girls  are  in  con- 
stant danger  for  their  desire  for  popularity,  and  the  coarse  language 
and  easy  familiarity  of  the  places  soon  deaden  their  finer  sensibilities. 

Dancing  masters  are  in  business  only  for  profit  and  while  most 
of  them  do  not  permit  professional  prostitutes  on  their  floors,  little 
discrimination  is  made  with  regard  to  the  amateur  immoral  girl  who 
is  found  in  all  the  dance  halls.  In  addition  to  the  revenue  from  the 
dance,  some  managers  rent  rooms  in  the  rear  or  upstairs  for  immoral 
purposes.  In  one  place  investigated  the  upstairs  rooms  were  often 


Social  Coxditions 


57 


occupied  by  young  girls  and  men  ■whom  they  had  met  in  the  dancing 
room  below.  In  another  the  dance  hall  was  run  as  a blind,  the  women 
meeting  immoral  men  from  the  Bowery  after  they  had  been  induced 
to  enter. 

A spieler  connected  with  one  of  the  dance  halls  said  that  in  order 
to  be  a successful  manager,  a man  must  be  a “bum,’’  or  in  other  words, 
one  who  can  get  acquainted  with  ’^v’omen,  play  cards  and  is  accus- 
tomed to  vice.  Some  of  the  young  men  who  frequent  certain  halls 
often  remain  after  the  dance  to  gamble  with  the  owner  of  the  academy. 

The  23roblem  of  the  dance  halls  differs  in  some  respects  on  the 
West  side.  While  the  moral  problem  is  similar,  the  spieler  with  his 
suggestive  dances  is  absent.  The  bar  is  not  connected  rvith  the 
dance  Jiall  proper,  but  is  on  the  floor  above  or  below.  The  admission 
fee  is  higher  in  places  on  the  West  side,  15  and  30  cents  on  reception 
and  25  cents  on  class  nights.  Very  few  girls  under  sixteen  were  seen 
in  these  halls,  the  majority  being  nearer  20  or  over. 

Prevailing  Conditions. 

As  a result  of  the  conditions  found  by  the  Committee  on  Amuse- 
ments, it  prepared  and  caused  to  be  introduced  a bill  providing  for 
the  licensing  and  regulation  of  dancing  academies,  ■which  became  a 
law  September  1,  1909. 

This  law  did  not  aim  at  the  evil  of  the  saloon  dance-hall  or  at  any 
phase  of  the  question  other  than  dancing  schools.  In  1909  a further 
investigation  was  made  of  150  dance  halls  by  the  Committee  on  Amuse- 
ments, and  the  following  conditions  were  found  to  prevail: 

There  are  four  types  of  dance  halls  other  than  academies:  The 
casinos  where  the  halls  are  let  to  parties  who  give  dances  but  where 
the  management  reserves  the  right  to  sell  liquor.  The  rooms  in  the 
rear  of  saloons  which  are  used  as  dance  halls.  The  rear  rooms  of 
saloons  used  only  occasionally  for  dancing  and  at  other  times  for  card 
playing,  billiards,  or  even  for  weddings.  Booms  used  for  dancing 
chiefly  on  Saturday  and  Sunday  nights.  In  some  of  these  dance  halls 
admission  is  free,  the  management  relying  upon  the  sale  of  drinks  for 
its  profits,  in  others  the  price  of  admission  varies. 

The  Committee  found  that  the  conditions  of  danger  and  immoral- 
ity have  not  changed,  that  the  dances  are  in  the  hands  of  gangs  who 
manage  them,  that  immoral  women  frequent  them,  and  that  under 
prei^nt  conditions  few  of  them  are  safe.  There  is  no  reason  to  hope 
that  the  conditions  have  changed  within  the  past  few  months  since 
there  is  no  regmlation  upon  the  subj  ect,-  and  the  demand  for  recreation 
of  this  kind  is  increasing.  A list  of  273  dance  .halls  recently  compiled 


58 


The  Social  Evil  in  New  York  City 


shows  that  161  of  them  are  in  the  rear  rooms  of  saloons,  and  112  are 
in  buildings  in  some  part  of  which  liquor  is  sold. 

Eneorcement  oe  Laws. 

The  law  licensing  and  regulating  dancing  academies  has  not  been 
enforced  owing  to  the  opposition  of  the  Association  of  New  York 
Dancing  Teachers  and  to  the  mutual  agreement  of  the  Bureau  of 
Licenses  charged  with  its  enforcement,  and  the  Committee  on  Amuse- 
ments to  test  the  constitutionality  of  the  law  which  has  now  been 
declared  to  be  unconstitutional  by  the  Court  of  Appeals.  This  opposi- 
tion was  based  largely  upon  the  desire  of  the  dancing  teachers  to  have 
a personal  license  instead  of  one  issued  to  the  place.  They  also 
objected  to  the  triple  inspection,  although  the  enforcement  of  the 
laws  regarding  construction  and  safety  from  fire  did  not  require  any- 
thing more  than  the  enforcement  of  already  existing  ordinances.  The 
president  of  the  Association  says: 

“Dancing  teachers  belong  to  a profession  and  we  should  have  a charter 
like  any  college — not  a license.  Any  man  who  wishes  to  become  a member 
of  the  profession  should  be  obliged  to  pass  an  examination,  proving  that  he 
is  capable  of  teaching  dancing.  The  law  as  it  stands  allows  any  one  with  any 
knowledge  of  dancing  to  teach  if  he  pays  $50.  It  protects  the  very  vices  it 
is  said  to  be  aimed  against.  Now  in  proper  dancing  academies  the  ‘bear 
hug’  and  the  proximity  of  faces  during  a waltz  are  frowned  upon.  In  the 
first  place  they  are  unhygienic.  Let  men  who  are  versed  in  dancing 
examine  each  professor  carefully.”^ 

When  these  objections  of  the  president  of  the  Association  of  New 
York  Dancing  Teachers  w^ere  made  public,  Mr.  Michael  M.  Davis,  Jr., 
secretary  of  the  People’s  Institute,  wrote  the  following  letter  to  the 
New  Yorlc  Times  under  date  of  June  25,  1909 : 

“I  write  concerning  the  statements  in  regard  to  the  new  dancing  academy 
license  law  made  by  the  officials  of  the  New  Association  of  Dancing  Teachers 
put  into  print  today.  It  is  apparently  supposed  by  these  officials  that  the  law 
will  license  teachers,  and  that  it  will  require  them  to  pay  individual^  a 
fee  of  $50  per  year. 

“They  should  be  reassured.  The  law  proposes  no  such  thing.  A license 
is  to  be  issued  to  the  dancing  academy;  that  is,  the  place  in  which  dancing  is 
taught.  The  fee  for  this  is  $50  a year,  a slight  charge,  indeed,  upon  such  a 
business.  The  license  is  designed  simply  as  a means  of  enforcing  proper 
conditions  in  dancing  academies.  Those  who,  like  myself,  were  interested 
in  drafting  and  securing  the  passage  of  this  law  by  the  Legislature  are 
well  aware  that  conditions  in  different  academies  vary  widelJ^  Manj,-  are 
thoroughly  clean,  desirable  places,  some  are  questionable,  some  plague  spots. 
At  present  there  is  no  adequate  means  of  enforcing  proper  conditions.  Those 
who  now  would  not  require  the  regulations  must,  like  hosts  of  other  business 
men,  submit  to  regulation  in  the  public  interest.  In  the  long  run  every  decent 
academy  will  profit  by  the  improved  standard  given  to  the  business. 

“The  idea  of  the  dancing  teachers  that  theirs  is  a profession,  not  trade — 
that  they  should  be  examined  and  licensed  individually — is  a worthy  one  in 
many  respects,  but  it  has  nothing  to  do  with  the  law  which  goes  into  effect  on 
September  30th.’’ 


1 The  New  York  Times — .luue 


mOii. 


Social  Conditions 


59 


Summary. 

Although  the  laws  regarding  minors  are  not  carefully  observed  and 
the  law  regulating  dancing  academies  has  been  declared  unconstitu- 
tional the  situation  is  a most  hopeful  one.  This  is  true  notwithstand- 
ing that  the  problem  of  adequate  and  clean  recreation  in  New  York 
Cit}"  is  an  enormous  one.  The  hopefulness  is  due  to  the  able  work  of 
a most  intelligent  and  energetic  committee  of  citizens,  not  afraid  to 
discuss  and  remedy  immoral  conditions  as  a part  of  the  program  for 
safe  dance  halls  and  recreation.  This  is  a different  attitude  from 
that  taken  by  other  groups  and  committees  of  citizens  interested  in 
other  subjects  of  which  the  social  evil  forms  a part. 

Another  hopeful  factor  in  the  situation  is  that  New  York  City  has 
a Park  Commissioner  interested  in  aiding  in  ever}'  way  the  use  of  city 
property^  as  parks,  etc.,  by  the  people,  including  the  erection  of  dance 
platforms  where  young  people  can  go,  free  from  pernicious  influences. 
This  is  the  most  promising  form  of  competition  with  the  dance  hall 
evil. 

The  program  recently  submitted  by  the  Committee  on  Amuse- 
ments, for  which  the  co-operation  of  the  public  is  asked,  best  illustrates 
the  thoroughness  and  energy  with  which  this  Committee  is  taking 
hold  of  the  matter. 

It  has  drafted  and  presented  to  the  Legislature  this  year  a bill  to 
regulate  dance  halls  run  in  connection  with  the  sale  of  liquor,  and  will 
keep  informed  of  all  proposed  legislation  on  this  subject. 

It  proposes  to  establish  a central  bureau  of  information  on  recre- 
ation subjects,  and  to  keep  a white  list  of  boarding  places  where  girls 
can  go  on  their  vacations  for  a small  sum  weekly. 

If  feasible  it  may  establish  a bank  for  savings  to  be  used  for 
vacation  purposes. 

It  has  established  one  successful  model  dance  hall,  and  hopes 
to  launch  a second  one  soon. 

It  is  endeavoring  to  develop  a public  policy  with  reference  to  the 
use  of  parks,  estabishment  of  fleld  houses  in  parks,  and  the  use  of 
unused  city  property  for  recreation  in  the  city. 

It  is  co-operating  with  the  Park  Commissioners  and  urging  that 
a municipal  recreation  commission  be  appointed  to  deal  with  the 
question  of  recreation,  including  dance  halls. 

With  wide  awake  Park  Commissioners,  and  an  aroused  public  senti- 
ment expressing  itself  in  the  labors  of  an  effective  group  of  citizens, 
even  the  immensit}*  of  the  problem  does  not  discourage  the  belief  that 
these  soliciting  places  and  recruiting  places  for  “Paines  Law”  hotels 
and  disorderly  houses,  and  rendezvous  for  procurers,  can  lie  regulated 
and  greatly  diminished  in  number. 


PROTECTION  OF  WOMEN 


Legislative  attempts  to  deal  with  the  procuring  of  -women  and 
their  protection  from  a life  of  immorality  have  been  feeble.  A con- 
sideration of  the  la-\vs  -u-hich  regulate  prostitution,  -without  special 
reference  to  the  various  kinds  of  places  used  for  this  purpose,  sho-ws 
five  latrs  more  or  less  directly  aimed  at  the  practice  of  ^‘cadets''  and 
“protectors.”  These  are  Seduction  rmder  Promise  of  l\Iarriage, 
Compulsory  Marriage,  Compulsoiy  Prostitution  of  Women,  and  of 
Wife,  and  Vagrancy. 

Before  taking  up  the  consideration  of  the  effectiveness  of  each 
la^v,  it  seems  necessary  to  give  some  description  of  the  methods  used 
in  obtaining  -women  and  protecting  prostitutes. 

THE  CADET  SYSTEM. 

The  conditions  under  Avhich  the  business  of  the  social  evil  is 
carried  on  in  the  city  of  Vew  Y'ork  require  the  services  of  both  the 
“cadet”  and  of  the  “pimp,”  and  it  is  necessary  to  keep  the  distinction 
between  them  carefully  in  mind.  According  to  the  accepted  mean- 
ing of  the  word  the  “cadet”  is  the  procurer  who  keeps  up  the  supply 
of  women  for  inunoral  houses.  By  various  means,  “'giving  the  girls  a 
good  time,”  force,  fake  marriages,  entrapments,  threats  of  bodily  harm, 
seduction,  fraud  or  duplicity — he  leads  women  to  become  prostitutes. 

The  “pimp”  or  protector  is  generally  selected  by  a wom^p  af- 
ter she  has  become  a prostitute.  She  voluntarily  gives  him  more  or 
less  of  her  earnings,  and  in  return  he  uses  all  of  the  methods  in  his 
poAver,  political,  physical  and  financial,  to  protect  her  while  she  is 
soliciting  on  the  street  or  Avhen  she  is  arrested  and  needs  bail  or  fines 
paid. 

Where  prostitution  is  highly  commercialized  and  the  demand  ar- 
tificiallA^  stimitlated  for  the  profit  of  those  not  directh'  involved.  aa'O- 
men  alone  do  not  conduct  the  business  of  prostitution.  ZSot 
enough  of  them  are  Avilling  to  become  professional  prostitutes,  so  the 
“cadet”  must  procure  them  by  breaking  doAvn  the  natural  safeguards 
Avhich  keep  them  from  such  a life.  There  is  not  sufficient  natural 
demand  for  them,  so  the  protector  must  protect  them  in  their  com- 
petition, find  patrons  for  them  and  for  disorderly  houses,  and  stand 


Protection  of  Women 


61 


between  them  and  the  business  interests  that  prey  on  their  earnings 
and  frustrate,  as  far  as  possible,  any  eiforts  to  lessen  the  evils  by 
means  of  prosecutions. 

In  many  instances,  the  “cadet”  is  also  the  protector,  and  in  this 
study  it  has  not  been  possible  to  make  the  distinction.  The  distinc- 
tion to  be  kept  carefully  in  mind  is,  however,  that  the  present  system 
demands  both  services,  whether  rendered  by  one  man  or  by  separate 
men.  The  line  of  demarkation  is  so  obscure,  the  step  so  easy  from 
protector  to  procurer,  the  whole  atmosphere  so  degrading  that  it  is 
difficult  to  affirm  that  a protector  is  not  also  a “cadet.” 

Development  of  the  “Cadet.” — The  business  of  exploiting  women 
for  immoral  purposes  has  been  common  in  certain  foreign  countries 
for  many  years.  It  has  now  become  established  in  the  United  States, 
and  is  largely  responsible  for  the  “white  slave”  agitation  throughout 
the  large  cities  of  the  country.  Many  of  the  “cadets”  come  from 
foreign  countries,  and  exploit  foreign  born  women.  The  American 
“cadet”  is,  however,  the  product  of  city  conditions,  some  of  which 
have  been  described  previously.  Usually  he  is  the  boy  who  first  be- 
came acquainted  with  immoral  women  as  he  played  about  the  steps 
or  in  the  street  in  front  of  his  tenement  home.  As  the  acquaint- 
ance grew,  the  women  engaged  him  to  run  errands,  in  return  for 
which  they  gave  him  presents  of  candy,  fruit  or  pennies.  As  the  boy 
grew  older  he  found  that  these  women  were  sought  by  different  men 
who  gave  him  dimes  and  quarters  to  carry  messages  to  them  or  take 
them  to  apartments  where  they  lived. 

As  time  goes  on,  the  boy  becomes  a member  of  one  of  the  street 
gangs  in  his  neighborhood.  Often  some  of  the  more  adventuresome 
girls  of  the  same  age  in  the  district  are  taken  into  the  secrets  of 
the  “gang,”  and  enjoy  the  benefits  of  the  petty  thieving  carried  on. 
The  boy  and  girl  chums  soom  become  very  intimate,  and  the  strange 
loyalt)^  begins  which  afterward  astounds  judges  when  they  seek  to 
secure  evidence  against  the  boys  appearing  before  them  as  “cadets.”  ^ 
The  boys  in  these  street  gangs  who  develop  fearlessness  and  physical 
strength  later  attach  themselves  to  political  leaders,  and  become  mem- 
bers of  district  clubs,  associations  and  athletic  clubs.  It  is  not  long 
befoye  they  become  invaluable  to  the  politicians  in  certain  districts 
through  their  aid  as  repeaters  and  strong  arm  men  at  the  polls  on 
election  day.  In  the  meantime,  they  have  acquired  a taste  for  good 

1 Two  girls,  one  fourteen  the  other  sixteen,  were  rescued  from  two  members 
of  a street  gang  and  taken  to  a home  for  girls.  No  amount  of  persuasion  could 
Induce  them  to  give  any  informat'on  regarding  the  “gang”  to  which  the  boys 
belonged.  They  acknowledged  that  the  “gang”  met  in  a candy  store,  and  some  of 
them  kept  girls,  but  declared  that  the  boys  who  were  planning  to  exploit  them 
were  not  members. 


62 


The  Social  Evil  in  Nev  York  City 


clothes  and  idleness,  and  fail  to  choose  a definite  remunerative 
occupation. 

Such  training  and  childhood  experience  has  by  this  time  de- 
stroyed their  social  and  individual  ideals,  they  are  ready  for  the  em- 
ployment which  the  business  of  prostitution  under  present  conditions 
offers,  and  they  take  their  places  in  the  ranks,  first  as  the  protector 
of  one  woman,  for  ivhom  they  may  have  some  land  of  affection,  and 
later  of  several,  and  as  accomplices  in  “laiock-out”  cases,  robberies, 
and  other  forms  of  vice  where  strength  and  political  pull  are  needed. 

The  boy  who  persuaded  one  girl  to  divide  with  him  the  oc- 
casional proceeds  of  her  prostitution  then  becomes  the  adroit,  cun- 
ning, professional  procurer  and  exploiter  of  other  women.  The 
height  of  his  ambition  to  have  a house  is  now  often  gratified,  and  the 
combined  earnings  of  a number  of  women  make  him  a rich  and  dan- 
gerous member  of  the  community.  Instead  of  obtaining  protection 
because  of  his  activity  in  the  district  and  at  the  polls,  he  pays  cash 
for  it.  Attached  to  his  house  are  young  men  who  are  being  trained 
in  the  now  highly  specialized  work  of  “cadets.” 

This  is  the  typical  route  by  which  many  “cadets”  have  travelled. 

Street  Gangs. — Not  enough  attention  is  paid  to  the  significance 
of  the  street  gang  and  its  influence  upon  the  social  evil.  These  or- 
ganizations are  a menace  to  the  young  girls  of  the  neighljorhood.  At 
one  time  they  became  so  pernicious  that  former  District  Attorney 
Jerome  at  the  request  of  some  of  the  settlements  broke  up  a number 
of  them.  They  have  gradually  returned  to  their  old  power. 

It  is  thought  that  the  chief  menace  of  these  gangs  is  to  property 
and  political  freedom.  This  investigation  has  shown  another  im- 
portant relation,  namely,  that  to  the  morality  and  freedom  of  women. 

The  following  instances  illustrate  the  power  of  the  gangs  and  of 
their  members. 

One  of  these  clubs  or  gangs  holds  its  meetings  in  a candy  store  located 
in  the  center  of  a congested  tenement  district  on  the  West  Side.  Each  mem- 
ber has  a “girl,”  and  the  girls  are  sworn  to  secrecy  regarding  the  petty 
thieving  and  other  exploits  of  the  members.  Two  of  them,  one  a telephone 
operator,  the  other  a packer  in  a downtown  department  store,  said  they  were 
the  “sweethearts’’  of  two  members  of  this  particular  club.  One  of  these  memr 
bers  was  married,  but  he  had  planned  to  run  away  with  this  girl  of  sixteen. 
She  was  rescued  while  asleep  in  the  hall  in  front  of  his  door  in  the  tenement 
where  he  lived. 

An  organization  in  Brooklyn  is  made  up  of  members  ranging  in  age  from 
seventeen  to  thirty.  llMost  of  them  have  no  permanent  positions,  but  loaf 
about  the  street  corners  and  depend  upon  their  parents  for  a livelihood.  Some 
of  them  find  temporary  positions  unloading  scows  and  boats.  On  September 
.Z,  1909,  six  members  of  this  gang  attacked  a woman,  and  a young  girl  who 
happened  to  be  passing  ran  to  her  assistance.  One  of  the  men  turned  upon 
the  little  girl  and  threatened  to  kill  her  if  she  attempted  to  interfere,  and 
then  released  her.  She  immediately  ran  and  told  her  father  who  returned 


Protection  of  Women 


63 


to  the  scene  of  the  attack  and  found  the  woman  unconscious.  She  was 
taken  to  the  hospital,  and  when  she  recovered  gave  information  which 
resulted  in  the  arrest  of  several  of  the  gang.  The  young  girl  who  had  come 
to  the  rescue  of  the  woman  identified  four  of  the  men  who  were  arrested. 
After  this  threats  were  made  against  her  family.  In  spite  of  this,  the  girl 
testified  at  the  hearing  against  two  of  the  men,  who  were  finally  held  for  the 
Grand  Jury.  Other  members  of  the  gang  came  to  the  mother  of  the  little 
girl  and  offered  $50,  then  $75,  to  her  if  the  girl  would  promise  not  to  give 
any  more  testimony.  The  offers  were  refused,  whereupon  the  men  again 
threatened  to  do  the  girl  violence-  This  threat  was  carried  out,  and  one  day 
the  girl  was  attacked  and  kicked  and  beaten  until  she  was  insensible.  She 
was  found  by  a policeman,  and  taken  to  a hospital,  where  she  remained 
unconscious  for  fifteen  hours. 

The  captain  of  the  police  precinct  where  these  indignities  oc- 
curred declared  that  it  is  practically  impossible  to  rid  the  community 
of  gangs  like  the  one  described,  and  that  this  particular  one  has  at- 
tacked other  women,  and  its  members  are  always  on  the  lookout  for 
young  girls  whom  they  can  procure. 

Another  gang,  headed  by  a notorious  character,  frequents  the  ice  cream 
parlors  and  cheap  dance  halls  of  a tenement  district.  During  the  past  year 
three  girls  have  been  misled  by  members  of  this  gang.  One  girl  between 
sixteen  and  seventeen  years  of  age  was  taken  to  a disorderly  house  in  Cleve- 
land, Ohio.  The  girl  was  so  young  in  appearance  that  she  attracted  the 
attention  of  the  police,  and  an  investigation  was  made.  The  result  was  the 
arrest  of  the  man  who  brought  her  to  that  city. 

The  police  captain  in  charge  of  the  precinct  where  this  gang 
lives  said  it  was  a bad  one,  and  that  he  was  doing  his  best  to  break  it 
up.  The  officers  on  the  beat  had  instructions  to  arrest  members  on  the 
slightest  violation  of  the  law.  The  leader  has  finally  been  appre- 
hended in  a stabbing  affair,  and  is  now  held  under  $2,500  bonds  for 
felonious  assault. 

The  gangs  of  which  the  above  illustrations  are  typical  are  not 
made  up  solely  of  “cadets”  and  procurers,  but  such  men  are  among 
their  members,  and  the  gang  itself  aids  and  protects  them,  rendering 
their  apprehension  difficult. 

Boxing  Clubs. — The  brief  study  of  the  gangs  does  not  indicate 
that  any  political  organization  systematically  organizes  societies  and 
associations  ivhose  sole  object  is  the  exploitation  of  women.  It  is  a 
fact,  however,  that  some  political  orgnizations  knoum  as  “associa- 
tions” do  have  as  members  large  numbers  of  young  men  who  are 
thieves,  “preliminary  boxers,”  gamblers,  and  sports  of  different 
kinds.  It  is  also  a fact  that  tlie  preliminary  boxers,  for  instance,  are 
also  memliers  of  certain  well  known  boxing  associations,  whose  man- 
agers are  in  close  touch  with  and  enjoy  the  personal  friendship  of  well 
known  political  leaders.  It  is  also  well  known  that  certain  “boxing 
clubs”  have  not  been  able  to  exist  because  they  have  not  enjoyed  the 
friondsliip  and  protection  granted  to  their  rivals. 


64  The  Social  Evil  in  New  York  City 

Before  Governor  Hughes  closed  up  a number  of  boxing  clubs, 
the club  was  one  of  the  largest  in  the  cit}-.  The  man- 


ager was  practically  the  boss  of  pugilistic  games,  and  to  him  managers 
of  small  clubs  turned  if  they  wanted  engagements  for  pugilists  or 
political  favors  when  the  police  became  active.  Even  when  former 
Police  Commissioner  Bingham  was  making  strenuous  efforts  to  en- 
force the  law,  this  manager  was  able  to  secure  an  injunction  restrain- 
ing the  police  from  interfering  with  the  various  clubs.  This  man- 
ager was  in  partnership  with  a powerful  political  leader  in  a real 
estate  deal,  whereby  the  city  lost  several  thousand  dollars,  and  the 
small  army  of  hangers-on  about  these  clubs,  which  it  was  sought  to 
close,  were  useful  repeaters  and  strong  arm  men  on  election  day. 

There  is  no  written  agreement  among  politicians,  gangs,  clubs, 
etc.,  but  there  is  a mutual  understanding,  and  many  of  the  young 
men  who  are  members  of  these  so-called  boxing  clubs  are  taken  care 
of  when  thej'  get  into  difficulties  in  return  for  past  services.  One 
of  these  difficulties  results  from  the  occupation  of  some  of  them 
as  ‘'cadets”  and  protectors.  It  is  impossible  to  understand  the  in- 
fluence of  these  young  men  in  the  whole  matter  of  the  social  evil, 
and  their  immunity  from  punishment,  without  a thorough  study  of 
the  gang  and  of  the  boxing  clubs  and  their  relation  to  the  political 
system.  The  arrest  here  and  there  of  an  individual  “cadet”  or  pro- 
tector may  temporarily  lessen  abuses,  but  the  final  causes  remain 
untouched. 

A few  of  the  records  and  practices  from  among  a number  obtained 
may  serve  as  forcible  illustrations  of  the  connections  which  make  the 
“cadet”  and  procurer  so  powerful. 

A “cadet”  who  is  a political  lieutenant,  goes  under  four  different  names, 
and  actually  operates  at  the  present  time  two  disorderly  houses,  one  on  West 
27th  Street,  and  the  other  on  Sixth  .4venue. 

Another  “cadet”  and  protector  ma\'  be  seen  at  one  of  the  largest  political 
balls  each  season,  and  is  estimated  to  be  worth  between  $50,000  and  $75,000. 
He  has  five  women  working  for  him  and  is  in  close  relationship  with  a prom- 
inent district  leader. 

.A.  third  keeps  two  women  in  flats.  He  lives  with  one  on  West  29th 
Street,  and  collects  once  each  day  from  the  other  the  proceeds  of  the  pre- 
vious night’s  business. 

A fourth  first  obtains  all  of  the  savings  of  the  woman  he  procures,  and 
then  sends  her  on  the  street  to  earn  money.  The  method  he  relies  upon 
chiefly  to  get  women  is  to  make  excursions  into  Pennsylvania  and  persuade 
country  girls  to  come  to  New  Yo^'k. 

A fifth  is  an  ex-featherweight  prize  fighter  who  has  two  women  who 
solicit  on  Sixth  Avenue. 

In  a sixth  instance,  a political  association  bears  the  name  of  a “cadet” 
who  has  two  women  earning  money  for  him.  One  of  these  came  from  a 
country  place  in  New  Jersey,  where  he  had  met  her  and  induced  her  to  come 
to  New  York. 

In  another  case,  the  protector  is  alleged  to  be  in  partnership  with  two 
other  notorious  “cadets.”  He  has  three  girls,  one  soliciting  on  East  r4th 


Protection  of  Women 


65 


Street,  one  in  a house  on  Sixth  Avenue,  and  another  in  a house  on  West 
107th  Street.  This  man  goes  into  the  country  districts,  hires  a horse  and 
buggy,  and  stops  at  different  farm  houses  for  the  purpose  of  inducing  young 
girls  to  join  him  in  New  York,  on  promise  of  work,  to  see  the  city,  etc. 

In  the  last  case,  there  are  two  brothers  who  have  seven  women  at  work 
for  them,  soliciting  on  Sixth  and  Seventh  Avenues  and  34th  Street.  One  of 
the  brothers  keeps  a disorderly  house  on  34th  Street.  1 

Methods  Used  in  Securing  Women. — A careful  study  was  made  in 
September,  1909,  of  some  of  the  methods  used  by  “cadets”  in  obtain- 
ing young  women  for  exploitation  on  the  street  or  for  sale  to 
proprietors  or  keepers  of  disorderly  houses. 

Among  those  resorted  to  are  the  following : Some  “cadets”  ob- 
tain temporary  positions  on  special  shifts  in  restaurants  and  hotels 
in  order  to  meet  poorly  paid  working  girls  who  are  eager  to  make 
more  money  and  to  work  shorter  hours.  A number  make  a practice 
of  frequenting  soda-water  fountains  and  candy  stores,  employment 
agencies,  cheap  restaurants,  dance  and  concert  halls,  moving  picture 
shows,  penny-in-the-slot  arcades,  lunch  rooms,  delicatessen  stores, 
and  employees’  entrances  to  department  stores  and  factories,  for 
the  purpose  of  meeting  young  women.  Fake  marriages  or  bona 
fide  marriage  services  are  performed,  if  that  is  the  only  method  to 
which  a woman  will  respond,  and  then  by  threats  of  violence  the  bride 
is  forced  upon  the  street  or  placed  in  a disorderly  house. 

When  a “cadet,”  by  various  ways,  has  induced  a woman  to  earn 
money  for  him,  he  immediately  instructs  her  how  to  keep  out  of 
trouble.  He  points  out  to  her  the  officers  or  plain  clothes  men  in  the 
vicinity  where  she  solicits  and  tells  her  what  to  do  and  say  if  ar- 
rested. When  she  is  arraigned  he  pays  her  fine  or  secures  bail.  If  she 
is  committed  to  the  workhouse,  he  uses’  his  influence  to  have  her  re- 
leased as  soon  as  possible.  He  protects  her  from  assessments  not 
jireviouisly  agreed  upon  and  from  other  “cadets”  or  protectors  in  the 
neighborhood. 

The  treatment  accorded  some  of  the  women  who  support  the 
“cadets”  and  procurers  is  another  illustration  of  the  powerful  factor 
these  men  are  promoting  the  social  evil.  From  among  a number  of  in- 
stances that  came  to  the  attention  of  the  investigators,  one  or  two 
illustrations  tell  the  story  of  the  whole  miserable  practice : 

A cashier,  nineteen'  years  of  age,  was  in  the  habit  of  meeting  on  the  street 
near  her  place  of  business  a young  man  with  whom  she  became  acquainted. 
He  took  her  to  various  places  of  amusement  and  to  dinners  and  later  put  her 
in  charge  of  a professional  prostitute  to  be  taught  how  to  solicit.  She 
was  not  able  to  earn  as  much  money  as  the  procurer  thought  she  should,  and 
he  frequently  beat  and  misused  her.  This  “cadet”  had  been  a “preliminary 
boxer,”  and  belonged  to  a political  association  maintained  by  a well-known 


1 This  information  was  secured  in  September,  1909. 


66 


The  Social  Evil  in  New  York  City 


political  leader.  The  girl  was  finally  sent  home  to  her  mother  because  she 
was  pregnant. 

A Russian  girl  of  seventeen  who  had  been  in  this  country  only 
a short  time  lived  with  her  married  sister,  working  first  as  a waitress,  and 
later  on  ladies’  waists  at  $S  to  $6  per  week,  but  always  cherishing  the  natural 
desire  to  marry  some  day  and  have  a home  of  her  own.  Through  a girl 
friend  she  visited  for  the  purpose  of  treatment  a woman  who  conducted  a 
massage  parlor.  One  day  the  woman  asked  the  girl  if  she  would  like  a lover. 
Ignorant  of  the  customs  of  the  country,  she  thought  this  an  opportunity  to 
secure  a husband  and  eagerly  assented.  An  introduction  quickly  followed  to 
a young  Italian  who  persuaded  the  girl  to  accompany  him  to  his  saloon  in 
the  rear  room  of  which  two  other  women  were  already  working  for  him. 
Once  there  he  put  his  victim  in  a room  on  th«  second  story,  whose  only  exit 
was  through  the  saloon,  thereby  rendering  futile  her  repeated  attempts  to 
escape.  Again  and  again  he  tried  to  force  her  to  solicit  upon  the  street  or 
to  receive  men  upstairs,  but  she  persistently  refused  in  spite  of  threats  of 
violence  and  even  death.  The  place  was  under  police  surveillance,  and  the 
proprietor  was  often  compelled  to  give  drinks  or  money  to  the  officers  to 
keep  them  from  arresting  the  women.  One  day  a young  detective  went  to 
the  girl’s  room,  and  when  she  repulsed  him  like  his  predecessors,  he  promised 
to  help  her.  The  probation  officer  to  whom  he  told  the  story  sent  another 
officer  to  rescue  the  girl,  but  the  “cadet”  escaped. 

Somewhat  less  recent  incidents  are  the  following;  A “cadet”  abducted  a 
fifteen-year-old  girl,  taking  her  to  a “Raines  Law”  hotel  under  pretext  of 
attending  a concert.  While  there,  the  girl  drank  a glass  of  soda  which  had 
been  drugged.  The  next  day  the  young  man  told  the  frightened  and  bewil- 
dered victim  that  he  would  take  her  home,  but  instead  he  took  her  to  a dis- 
orderly house,  and  sold  her  to  the  madam.  It  was  afterwards  shown  that  she 
was  the  seventh  young  woman  whom  he  had  sold. 

One  afternoon,  a little  girl  who  worked  in  a corset  factor}'  in  Bridgeport, 
Conn.,  went  for  an  outing  to  a nearby  pleasure  resort,  where  she  met  a 
notorious  “cadet”  from  New  York  City.  This  man  persuaded  the  ignorant  girl 
to  go  aboard  a boat  at  the  dock  for  something  to  eat.  Before  she  was  aware 
of  the  fact,  the  boat  had  started  for  New  York.  On  reaching  the  city,  the 
“cadet”  took  her  to  a disorderly  house,  where  she  was  finally  starved  into  sub- 
mission. The  house  was  a popular  one,  and  she  and  the  other  girls  sometimes 
received  as  many  as  twenty  men  in  one  evening.  The  girls  were  given  a 
brass  check  for  each  man,  which  represented  her  share  of  the  proceeds. 
While  she  was  in  this  house  she  was  compelled  to  give  all  of  her  checks  to  the 
“cadet”  who  brought  her  there  he,  in  turn,  cashing  them  and  keeping  the 
money.  Finally  she  escaped,  and  appealed  to  a policeman  for  aid,  but  he 
assaulted  her  instead.  In  despair,  she  went  to  a saloon,  and  a bartender  took 
her  under  his  protection,  and  she  solicited  for  him  on  the  street. 


Summary. 

Beyond  any  question  irrespective  of  extent,  prostitution  as  a 
business  in  New  York  City,  in  order  to  be  profitable,  requires  tlie 
services  of  the  “cadet”  and  the  protector.  It  is  no  longer  the  case 
that  houses  of  prostitution  are  established  in  a locality  because  there 
is  a demand,  and  that  patrons  seek  them  and  go  thither  in  an  orderly 
way.  Instead  of  that,  a small  army  of  unemployed  vicious  young 
men  are  used  to  solicit  patrons  who  are  not  seeking  disorderly  places, 
to  keep  women  on  the  street  to  solicit  patrons,  to  see  that  houses  se- 
cure inmates,  and  that  vice  in  general  is  not  allowed  to  decrease.  It 
is  for  the  profit  of  tliese  men  and  of  various  business  and  political  in- 
terests wliich  find  prostitution  a valuable  pawn  in  the  game  for 


Protection  of  Women 


67 


power  that  women  become  prostitutes.  The  “cadet”  and  “protector” 
express  the  abnormal  stimulation  of  vice. 

SEDUCTION  UNDER  PROMISE  OF  MARRIAGE. 

As  has  been  stated  in  the  description  of  the  “cadet  system,’’ 
seduction  is  sometimes  used  as  a means  of  compelling  women  to  earn 
money  for  procurers.  It  is  not,  however,  possible  to  determine  the 
extent  of  this  practice,  since  most  of  the  cases  brought  are  by  women 
who  have  refused  and  not  by  those  who  step  by  step  have  yielded 
to  the  various  influences  brought  to  bear  ujion  them. 

Provisions  of  the  L.vw. 

The  first  reference  to  this  law  appears  in  1863  and,  as  amended 
from  time  to  time,  it  now  provides  that  a person  guilty  of  seduction 
under  promise  of  marriage  of  a person  of  previously  chaste  character 
is  punishable  by  imprisonment  for  npt  more  than  five  years,  or  by  a 
fine  of  not  more  than  one  thousand  dollars,  or  by  both;  that  the 
subsequent  intermarriage  of  the  parties,  or  the  lapse  of  two  years 
after  the  commission  of  the  offense  before  finding  an  indictment,  is 
a bar  to  a prosecution;  and  that  no  conviction  can  be  had  for  this 
offense  upon  the  testimony  of  the  female  seduced  unsupported  by 
other  evidence.' 

No  data  are  available  showing  the  conditions  which  led  to  the 
passage  of  the  law. 

Prevailing  Conditions. 

Records. — The  only  records  of  seduction  cases  available  in  Magis- 
trates’ Courts  for  Manhattan  were  for  the  period  of  three  years, 
ending  December  31st,  1908.  During  this  time  there  were  152  cases, 
of  which  115  or  75.6  per  cent,  were  discharged  by  the  magistrates, 
33  or  21.7  per  cent,  were  held,  and  4 or  2.6  per  cent.  Avere  pending 
at  the  close  of  the  year.^ 

From  January,  1906,  to  June  30th,  1909,  48  cases  were  disposed 
of  in  the  Court  of  General  Sessions,  and  by  the  Grand  Jury.  Of  this 
number,  7 or  14.6  per  cent,  were  convicted,  1 Avas  acquitted  and  1 
was  a bail  forfeiture;  and  20  or  41.6  per  cent,  were  discharged.  The 
Grand  Jury  failed  to  find  an  indictment  in  19  other  cases  presented 
to  it  for  consideration.^ 

Field  Study. — It  was  not  possible  to  make  an  investigation  of 
prevailing  conditions  and  there  were  no  sources  from  Avhich  to  obtain 
reliable  data.  Under  the  section  dealing  with  marriages  it  Avill  be 


* Appendix  X. 
= Table  XXIV. 
3 Table  XXV. 


68 


The  Social  Evil  in  New  York  City 


seen  that  before  the  passage  of  the  Cobb  Bill,  "fake”  marriages 
were  used  as  a means  of  exploiting  women,  and  the  methods  used  by 
"cadets”  included  the  promise  of  marriage.  An  examination  of  the 
papers  in  the  seduction  cases  in  the  Court  of  General  Sessions  shows 
but  few  instances  where  the  intent  to  exploit  women  exists.  The 
question  of  intent,  however,  is  not  the  determining  factor  in  leading 
them  into  lives  of  prostitution,  but  the  breaking  down  of  moral 
standards  and  desertion  by  the  seducer. 

Enforcement  of  the  Law. 

From  a study  of  the  records  of  the  cases  brought  in  the  Magis- 
trates’ Courts  from  1906-1908  inclusive  it  appears  that  but  33  out 
of  152  cases  were  held  for  General  Sessions.  The  record  of  the  Court 
of  General  Sessions  for  the  same  period  shows  that  but  7 were  con- 
victed. From  January  1st  to  June  30th,  1909,  there  were  5 cases  of 
seduction,  of  which  4 were  discharged  by  the  Grand  Jury  or  by  the 
Court  and  one  was  a bail  forfeiture.  Of  the  7 convictions,  the 
papers  in  but  one  case  show  intent  to  place  the  girl  in  a disorderly 
place  or  on  the  street.  This  non-enforcement  is  primarily  due  to 
the  weakening  of  the  law  by  amendments.  It  is  almost  impossible 
to  olitain  a conviction,  as  corroborative  evidence  is  difficult  to  obtain. 
In  order  to  lessen  the  danger  of  blackmail,  the  legislature  has  ren- 
dered this  statute  practically  inoperative.  Furthermore  a lapse  of 
two  years  is  a bar  to  a prosecution.  If  a "cadet”  can  succeed  in 
keeping  a woman  in  a disorderly  house  for  this  period  or  terrorize 
her  sufficient^,  or  put  her  off  -with  promises  o^  mai-riage,  she  may 
not  resort  to  this  remedy. 

COMPULSOR  Y PROSTITUTION  OF  WIFE  AND  OF  WOMEN. 

There  are  two  separate  laws  passed  in  1906,  known  at  that  time 
as  the  "cadet  laws.”  They  were  specifically  aimed  at  the  practices 
described  in  the  beginning  of  this  section  and  were  intended  as  a 
remedy  for  the  conditions  which  were  then  being  brought  to  public 
notice. 

Abstract  of  the  Laws. 

Section  1090  of  the  Penal  I.aw,  relating  to  the  prostitution  of  a 
wife,  provides  that  am"  man  who  b}'  force,  fraud,  intimidation,  or 
threats  places  or  leaves  or  procures  any  other  person  or  persons  to 
place  or  leave  his  wife  in  a house  of  prostitution  shall  be  guilty  of  a 
felony  and  upon  conviction  shall  be  imprisoned  for  not  more  than 
ten  years.' 


1 Appendix  XII. 


Protection  of  Women 


69 


Section  2460  of  the  Penal  Law,  relating  to  placing  women  in  the 
custody  of  another  for  immoral  purposes,  provides  that  any  person 
who  shall  place  any  female  in  the  charge  of  another  for  immoral 
purposes,  or  in  a house  of  prostitution,  or  who  shall  compel  any 
person  to  reside  with  him  or  with  any  other  person  for  immoral 
purpose  or  shall  compel  any  woman  to  reside  in  any  such  house 
or  to  live  a life  of  prostitution  is  punishable  by  a fine  of  not  more 
than  $5,000  or  by  imprisonment  for  not  less  than  one  nor  more 
than  three  years  or  by  both  fine  and  imprisonment.  Furthermore, 
any  person  who  receives  money  or  other  valuables  on  account  of 
placing  a woman  in  a house  of  prostitution  or  elsewhere,  is  guilty  of 
a misdemeanor.  Any  person  who  pays  money  for  the  procurement 
of  any  woman  for  such  purposes  is  subject  to  the  same  penalty  as  the 
pei'son  who  so  places  her.‘ 

Both  statutes  also  provide  that  no  conviction  may  be  had  upon 
uncorroborated  testimony. 

Once  these  laws  were  passed,  public  indignation  over  the  “'cadet 
system”  subsided  in  the  belief  that  the  conditions  would  be  speedily 
remedied. 

Prevailing  Conditions. 

An  examination  was  made  of  the  records  of  five  magistrates’ 
courts  of  the  cases  brought  under  these  statutes  from  the  time  of 
the  passage  of  the  laws  until  June  30,  1909,  and  it  was  found  that 
there  were  but  two  instances,  both  in  1908.  In  one  case  the  accused 
was  discharged  and  in  the  other  a sentence  of  six  months  in  the 
workhouse  was  imposed.  The  complaints  showed  two  other  cases 
in  which  the  charge  of  compulsion  was  specified,  but  the  accused 
were  tried  on  vagrancy  and  disorderly  conduct  charges.  During  this 
period,  265  men  were  arrested  and  tried  for  living  off  the  proceeds 
of  women,  soliciting  patronage,  or  assisting  women  in  this  business, 
and  in  but  two  instances  were  the  “cadet”  laws  used.^ 

The  regulation  of  “cadets”  and  protectors  is  therefore  dscussed 
more  fully  under  vagrancy  and  disorderly  conduct. 

COMPULSORY  MARRIAGE. 

Sections  532-3  of  the  Penal  Law  provide  that  a person  who  by 
force,  menace  or  duress,  compels  a woman  against  her  will  to  marry 
him  or  any  other  person  or  defiles  a w'oman  is  punishable  by  im- 
prisonment for  a term  not  exceeding  ten  years,  or  by  a fine  of  not 
more  than  one  thousand  dollars,  or  by  both.  No  conviction  can  be 


1 Appendix  XIII. 

2 Table  XXVI  ; Page  70. 


70 


The  Social  Evil  in  New  York  City 


had  iindei-  this  law  upon  the  testimony  of  the  woman  compelled, 
unsupported  by  other  evidence.' 

A study  of  the  records  of  the  Magistrates’  Courts  and  of  the  Courts 
of  General  and  Special  Sessions  from  January  1,  1906,  to  June  30, 
1909,  fails  to  show  any  cases  whatever  brought  under  this  law. 
The  conditions  shown  under  the  “cadet  system”  have  therefore 
existed  during  this  period,  without  any  check  by  this  statute. 

The  lack  of  enforcement  is  due  to  the  weakness  of  the  law.  Com- 
pulsory marriages  are  consummated  by  fraud,  quite  as  much  as  by 
force,  but  the  law  does  not  include  this  in  its  provisions.  The 
amendment  in  1886  that  no  conviction  can  be  had  without  corrob- 
orative evidence  practically  emasculated  the  law,  as  it  is  almost 
impossible  to  obtain  corroborative  evidence  of  a crime  of  this  nature. 


Summary. 

The  failure  to  secure  convictions  under  the  Seduction,  Compul- 
sory Marriage  and  Compulsoiy  Prostitution  laws  is  largely  due  to 
the  evidence  required.  In  cases  of  this  kind  it  is  practically  im- 
possible to  secure  corroborative  evidence.  The  taking  of  mone}"  by 
“cadets”  is  done  in  secret.  The  other  transactions  between  these 
men  and  women  are  entered  into  in  the  prhmcy  of  their  rooms  where 
no  outsider  may  hear  or  see.  It  is  true  tliat  the  fact  that  such 
arrangements  are  made  is  common  knoivledge,  but  to  find  an}'  one 
willing  to  testify  that  he  actually  heard  or  saw  such  transactions  is 
almost  impossible. 

It  is  only  in  rare  instances  that  the  victims  of  the  “cadet  system” 
will  offer  any  aid  in  the  prosecution  of  the  offenders,  and  then  it  is 
in  such  a way  as  to  prevent  their  being  tried  under  the  more  drastic 
provisions  of  the  Penal  Law.  One  of  the  reasons  given  by  the 
women  is  fear  of  bodily  harm,  for  many  of  them  are  in  a state  of 
terror  or  subjection.  Another  is  the  loyalty  which  the  women  give 
to  the  men  along  with  their  earnings. 

VAGRANCY  AND  DISORDERLY  CONDUCT  LAWS. 

Vagrancy  and  disorderly  conduct  laws  represent  one  of  the  most 
difficult  phases  of  law  enforcement,  with  reference  to  the  social 
evil.  In  a great  measure  they  have  come  to  be  used  as  a substi- 
tute for  other  laws,  such  as  the  so-called  “cadet  laws.”  They  also 
present  a complicated  situation  with  reference  to  enforcement. 


^ Appendix  XI.  See  section  on  Rape  and  Appendix  XXVI ; Tables  XXXIII, 
XXXIV. 


Protection  of  Women 


71 


Provisions  op  the  Laws. 

Sections  887,  891,  899  of  the  Code  of  Criminal  Procedure,  known 
as  the  Vagrancy  Law,  as  amended  in  1907,  define  a vagrant  as  a 
person  not  having  any  visible  means  of  support,  or  who  lives  without 
employment;  or  one  who,  having  acquired  any  infectious  disease  in 
the  practice  of  drunkenness  or  debauchery,  requires  charitable  aid  to 
restore  him  to  health;  or  a common  prostitute  who  has  no  lawful 
employment,  whereby  to  maintain  herself;  or  every  male  person 
who  lives  wholly  or  in  part  on  the  earnings  of  prostitution  or  who 
in  any  place  solicits  for  immoral  purposes.  The  penalt}^  upon  con- 
viction is  imprisonment  for  a period  not  exceeding  six  months  in 
the  county  jail.^ 

This  law  is  amplified  by  the  Tenement  House  Law,  Section  150, 
which  provides  that  any  woman  who  knowingly  resides  in  a house 
of  prostitution  in  a tenement  or  who  commits  prostitution  in  a 
tenement,  or  solicits  a man  or  boy  to  enter  a tenement  for  immoral 
purposes,  is  a vagrant,  and  shall  be  dealt  with  as  any  other  vagrant 
under  the  vagrancy  law.^ 

An  important  modification  of  the  vagrancy  law  is  made  by  the 
New  York  City  Charter,  Sections  707-12,  which  provide:® 

(i)  When  a prostitute  between  the  ages  of  i6  and  2i  is  convicted  as  a 
vagrant,  the  Court  or  Magistrate  may  commit  her  to  any  one  of  a number  of 
houses  of  refuge.  All  other  persons  so  convicted  and  who  have  not  been  sent 
to  a reformatory  must  be  committed,  if  in  Manhattan  and  the  Bronx,  to  the 
Workhouse  for  the  term  of  six  months.  (2)  Section  707a.  When  a woman 
between  the  ages  of  16  and  30  is  convicted  of  being  a common  prostitute 
(vagrant),  of  soliciting  on  public  streets  or  places  for  purposes  of  prosti- 
tution, or  of  frequenting  disorderly  houses  or  houses  of  prostitution,  she 
may  be  committed  to  the  State  Reformatory  for  women  at  Bedford.  (3) 
Section  708.  When  a commitment  has  been  made  to  the  Workhouse,  under 
Section  707,  it  shall  be  the  duty  of  the  superintendent,  warden,  or  sheriff  or 
other  person  having  charge  of  such  institution,  within  twenty-four  hours  to 
ascertain  from  the  records  and  from  examination  and  inspection  of  the 
person  committed  whether  such  person  has  been  previously  committed  with- 
in two  years.  It  shall  also  be  his  duty  within  twenty-four  hours  to  make 
an  examination  and  take  the  measurements  of  any  such  person,  according  to 
the  Bertillon  system.  In  addition  he  shall  within  twenty-four  hours  trans- 
mit to  the  Commissioner  of  Correction  a written  certificate  showing  the 
result  of  his  examination  and  the  measurements.  This  certificate  must  also 
show  whether  the  person  has  been  previously  committed,  and  if  so,  the  num- 
ber of  times  and  the  dates.  (4)  Section  709.  It  shall  be  the  duty  of  the 
Commissioner  of  Correction  to  keep  a record  of  all  information  concern- 
ing persons  so  convicted  which  he  has  received  from  the  authorities  at  the 
Workhouse  as  transmitted  under  Section  708.  This  record  is  open  to  public 
inspection  and  must  be  kept  so  as  show  whether  any  persons  so  certified  to 
him  have  been  previously  committed  within  two  years.  (5)  Section  710. 
Within  two  days  after  the  commitment  it  shall  be  the  duty  of  the  Corn- 


Appendix  XIV. 
Appendix  I. 
Appendix  XIV  A. 


72 


The  Social  Evil  in  New  York  City 


missioner  of  Correction  to  ascertain  from  his  records  whether  such  a person 
has  been  committed  within  two  years  previous,  and  to  make  a written  order 
specifying  the  date  at  which  he  shall  be  discharged  as  follows : If  not 
previously  committed,  at  the  expiration  of  five  days;  if  committed  once 
before,  at  the  expiration  of  20  days;  if  committed  more  than  once,  the  order 
shall  direct  that  he  shall  be  discharged  at  the  expiration  of  a period  equal 
to  twice  the  term  of  his  detention  under  the  last  previous  commitment,  but 
not,  in  any  event,  exceeding  the  period  fixed  by  the  warrant  of  commitment. 
This  order  for  discharge,  however,  in  the  case  of  a vagrant,  is  not  effective 
unless  it  has  the  written  consent  of  the  court  or  magistrate  by  which  or  whom 
such  vagrant  was  committed,  endorsed  upon  the  order.  (6)  Section  711. 
Where  the  date  of  discharge  named  in  the  Commissioner  of  Correction’s 
order  shall  be  more  than  20  days  and  less  than  160  days  after  the  date  of  the 
last  commitment,  the  magistrate  who  signed  the  last  warrant  may,  after  the 
expiration  of  20  days,  direct  the  discharge  of  any  person  so  committed. 
This  order  for  discharge,  however,  cannot  be  granted  except  upon  the 
written  certificate  of  the  Commissioner  of  Correction  specifying  the  date 
of  discharge  named  by  him  and  upon  affidavit  setting  forth  facts  which  in 
the  opinion  of  the  magistrate  justify  the  discharge.  The  affidavit  and  cer- 
tificate must  be  filed  and  preserved  with  the  complaint  upon  which  the  person 
was  convicted.  (7)  Section  712.  Provides  for  the  transfer  of  convicted 
offenders  from  one  institution  to  another  in  case  of  necessity. 

The  charge  of  disorderly  conduct  is  used  so  frequently  in  arrests 
of  prostitutes,  “cadets”  and  protectors  that  these  laws  must  be 
considered  in  connection  with  the  vagrancy  laws.  Section  1453  of 
the  laws  of  1882  provides  that  every  person  shall  be  guilty  of  dis- 
orderly conduct  that  tends  to  a breach  of  the  peace  who  shall  in 
any  thoroughfare,  commit  any  of  the  following  offenses,  that  is  to 
say:  Every  common  prostitute  or  night  walker  loitering  or  being 
in  any  thoroughfare  or  public  place  for  the  purpose  of  prostitution 
or  solicitation  to  the  annoyance  of  passers  by.^  The  penalty  for 
violation  of  this  law  is  similar  to  that  for  vagrancy.  This  is  the 
section  under  wdiich  arrests  for  soliciting  b}^  women  are  largely  made. 

Section  720  of  the  Penal  Law,  relating  to  disorderly  conduct, 
deals  with  offensive  and  disorderly  acts  and  language  on  public 
conveyances  and  has  practically  no  bearing  upon  prostitution. 

Prevailing  Conditions. 

Eecords. — A study  was  made  of  the  records  of  265  men  arrested 
on  charges  connected  with  prostitution  from  September  1st.  1906, 
when  the  “cadet  laws”  went  into  effect,  until  December  31st.  1908. 
and  a further  study  Avas  also  made  of  72  men  tried  on  similar  charges 
in  these  courts  from  January  to  August  31st,  1909,  the  latest  periods 
available. 

Of  the  265  men  arraigned,  160  or  60.5  per  cent,  were  charged 
Avith  vagrancy;  103  or  39  per  cent.  AA'ith  disorderly  conduct,  and  2 
were  charged  with  violating  the  compulsory  prostitution  statute.  An 


' .ippendix  XA’. 


Protection  of  Women 


73 


examination  of  the  complaints  showed  that  122  or  46  per  cent,  were 
charged  with  soliciting  men  to  enter  houses  of  prostitution;  101  or 
38  per  cent,  were  charged  with  living  off  the  proceeds  ot  prostitution 
or  earnings  of  such  women;  32  or  12  per  cent,  with  being  lookouts 
or  protectors  of  women  and  houses;  and  10  or  3.8  per  cent,  with 
miscellaneous  offenses.  Of  the  latter,  2 were  specifically  charged 
with  compelling  women  to  enter  prostitution  while  the  others  were 
such  as  payment  of  fines  for  prostitution,  interference  with  the 
police  in  making  arrests,  etc.* * 

The  disposition  of  the  cases  shows  that  113  or  42.6  per  cent, 
were  sent  to  the  Workhouse;  6 or  2.2  per  cent,  to  the  city  prison; 
45  or  16.9  per  cent,  fined;  13  or  4.9  per  cent,  placed  on  a bond  of 
good  behavior;  84  or  31.9  per  cent,  discharged;  and  4 or  1.5  per  cent, 
placed  on  probation.* 

Of  72  men  arraigned  for  similar  offenses,  from  January  1st 
to  August  31st,  1909,  23  or  31.9  per  cent,  were  sentenced  to  the 
Workhouse,  and  4 or  5.5  per  cent,  to  the  city  prison ; 7 or  9.8  per  cent, 
were  fined;  2 or  2.8  per  cent,  were  put  under  bonds  of  good  behavior; 
34  or  47.2  per  cent,  were  discharged,  and  in  two  instances  the  dis- 
position was  not  obtainable.  In  the  table  also  appear  the  details 
of  the  charge,  the  magistrate  and  sentence  imposed.^ 

Of  the  23  sentenced  to  the  Workhouse,  8 served  the  full  term  of 
six  months;  8 were  released  before  the  expiration  of  their  sentence; 
in  three  instances  the  report  from  the  Workhouse  did  not  give  the 
date  of  release;  and  4 were  still  serving  their  sentence  when  these  data 
were  secured  (November  5,  1909).  Of  the  8 vagrants  released 
before  the  expiration  of  their  sentence,  4 served  five  days,  having 
been  released  under  the  cumulative  sentence  law  (Sections  710-711 
of  the  Charter) ; one  served  one  month  and  eleven  days ; one 
served  one  month  and  was  released  under  the  cumulative  sentence 
law;  and  two  seryed  one  month  and  were  discharged  by  the  commit- 
ting magistrate.'* 

The  Court  records  for  the  same  period  show  that  207  persons  were 
arraigned  as  vagrants  under  the  tenement  house  law.'^  Of  these  68 
women  were  sentenced  to  the  workhouse  and  were  actually  received 
there,  while  in  a number  of  the  other  cases  they  were  sentenced  to 
the  workhouse,  and  later  placed  on  probation.  Nineteen  of  the 
68  vagrants  sentenced  to  the  workhouse  were  released  at  different  pe- 

1 Table  XXVI. 

= Table  XXVI. 

Table  XXVII. 

* Table  XXVIII. 

= See  Page  8. 


74 


The  Social  Evil  ix  New  York  City 


riods  prior  to  the  expiration  of  six  months.  The  reasons  given  by 
the  warden  of  the  Workhouse  for  these  discharges  were  as  follows: 

Under  cumulative  sentence  law,  1;  discharged  by  magistrate  and 
discharged  by  magistrate  upon  order  submitted,  13;  time  reduced 
by  judge  of  General  Sessions  on  appeal,  1;  sentence  modified  by  judge 
of  General  Sessions,  2;  put  on  probation,  1;  and  cause  of  release  not 
given, 

Enforcement  of  the  Law. 

The  enforcement  of  the  vagrancy  law  depends  largely  upon  Sec- 
tions 710-711  of  the  New  York  City  Charter.  As  previously  shown, 
these  constitute  the  cumulative  sentence  law  under  which  offenders 
are  released  from  the  Y’orkhouse  preGous  to  the  expiration  of  six 
months.  In  order  to  effect  a release  the  Commissioner  of  Correction 
must  send  a written  order  to  the  person  in  charge  of  the  institution  to 
which  the  vagrant  is  committed,  showing  whether  the  offense  is  the 
first  or  second.  If  it  is  the  first  offense  within  tyo  years,  the  Com- 
missioner of  Correction  is  required  to  make  an  order  directing  that 
the  vagrant  be  discharged  within  five  days;  if  it  is  the  second  offense, 
at  the  expiration  of  twenty  days;  if  previously  convicted  two  or 
more  times  a discharge  at  the  expiration  of  a period  equal  to 
twice  the  term  of  detention  under  the  last  previous  commitment,  but 
not  in  any  case  exceeding  the  period  fixed  by  the  warrant  of  commit- 
ment. It  also  provides  that  a vagrant  may  obtain  a hearing  upon  the 
question  of  previous  conviction,  and  the  filing  of  the  order  is  a con- 
dition precedent  to  review  by  the  committing  magistrate.  Some 
question  has  arisen  over  the  meaning  of  this  law. 

On  August  29,  1908,  Bella  Horowitz  was  committed  as  a vagrant 
by  Magistrate  House  from  the  Second  District  Court,  for  six  months 
for  violation  of  Section'ToO  of  the  Tenement  House  Act.  As  no  cer- 
tificate as  required  by  Sections  707-710  was  transmitted  to  the 
Workhouse  setting  forth  the  fact  that  this  was  the  relator's  first 
offense  and  first  commitment,  her  counsel  appealed  her  case  and  it  was 
tried  before  Justice  Seabury  of  the  Supreme  Court,  under  the  title  of 
“The  People  ex  rel.  Hotowitz  vs.  Coggey.’’-  In  rendering  his  de- 
cision, and  in  explanation  thereof.  Justice  Seabury  says: 

‘‘It  is  the  opinion  of  the  Court  that  if  the  certificate  of  the  Commissioner 
shall  disclose  that  the  relator  has  not  been  previously  convicted  that  she 
is'  entitled  to  her  discharge  at  the  expiration  of  five  days,  zeitliouf  the 
a/'proval  of  the  Magistrate  being  endorsed  upon  the  order  of  discharge." 

From  this  decision  it  would  appear  that  the  responsibility  for  a 
successful  enforcement  of  the  vagrancy  law  depends  upon  the  Com- 


1 Tables  XV,  XVITI. 

- New  York  Law  Joiuual,  Dec.  24.  190S. 


Protection  of  Women 


75 


missioner  of  Correction.  Upon  appeal,  however,  this  decision  was 
reversed  by  Justice  Houghton  of  the  Appellate  Division  of  the  Su- 
preme Court,  in  an  opinion,  dated  March  5,  1909,  in  which  he  says; 

“If  this  provision  (that  part  of  the  order  commanding  and  directing  the 
superintendent,  warden  or  sheriff  in  charge  of  the  workhouse  to  forthwith 
comply  with  the  terms  and  conditions  of  the  said  written  order  so  transmitted 
by  said  John  V.  Coggey,  as  Commissioner  of  Correction  of  the  City  of  New 
York)  be  interjected  as  a command  to  the  superintendent  or  warden  of  the 
Workhouse  to  discharge  relator  upon  the  order  of  defendant  without  the 
written  consent  of  the  Magistrate  who  committed  her  being  endorsed  thereon, 
it  is  erroneous.  The  statute  is  entirely  plain  that  when  a person  has  been 
committed  for  vagrancy,  he  shall  not  be  discharged  upon  the  order  of  the 
Commissioner  unless  the  magistrate  or  court  before  whom  the  conviction 
was  had  and  the  commitment  made,  shall  endorse  thereon  his  consent  in 
writing.  The  defendant  Commissioner  should  make  his  order  and  transmit 
it  to  the  superintendent  or  warden  of  the  institution  and  the  relator  can  then, 
if  she  is  able,  procure  the,  written  consent  to  her  discharge  by  the  magistrate 
before  whom  she  was  committed.  If  he  consents  she  may  then  be  released 
according  to  the  pi'ovisions  of  the  order,  but  if  he  refuses,  she  must  serve 
her  full  term  of  cpmmitment.” 

In  other  words,  even  under  this  decision  the  magistrate  can  prac- 
tically nullify  his  original  sentence,  and  in  the  absence  of  records  and 
means  of  identification,  and  the  subterfuge  of  assumed  names,  many 
old  offenders  receive  the  benefit  of  the  five-day  clause.’ 

A report  on  the  Night  Court  recently  submitted  to  the  Mayor  by 
the  Commissioner . of  Accounts,  deals  with  the  practices  of  certain 
magistrates  in  releasing  vagrants  from  the  Workhouse  previous  to  the, 
expiration  of  their  six  ^ months  term.  ^ The  following  cases  among 
others  in  this  report  illustrate  the  action  of  these  magistrates  in  this 
matter : 

Vagrancy  (woman). — Committed  August  29,  1907,  order  for  release  signed 
by  Committing  Magistrate  Sept.  3,  1907,  six  days  later.  The  Magistrate 
ignored  the  endorsement  of  the  Commissioner’s  order  in  this  case. 

Vagrancy  (man). — Committed  September  14,  1907,  released  on  order  of 
committing  Magistrate,  December  18,  1907.  The  Magistrate  did  not  request 
the  submission  of  the  Commissioner’s  order  in  this  case.  If  he  had  done  so 
he  would  have  seen  that  this  offender  had  been  previously  committed  ten 
different  times,  four  of  which  were  for  vagrancy.  No  probation  officer  was 
mentioned  in  the  order  for  discharge.  An  investigation  at  the  probation 
office  failed  to  reveal  anything  relative  to  this  ca^se. 

Vagrancy  (woman).- — Committed  October  12,  1908,  for  six  months, 
released  on  probation  by  order  of  committing  magistrate  ten  days  later.  The 
filing  of  affidavits  justifying  the  discharge  was  ignored.  An  investigation  of 
the  records  at  the  probation  office  failed  to  show  that  this  person  had  ever 
been  subjected  to  probationary  control. 

When  men  are  arrested  on  vagrancy  charges  and  evidence  given 
which  shows  that  they  have  committed  more  serious  offenses,  fre- 
quently no  notice  is  taken  by  the  magistrate  and  the  charge  is  changed. 
They  are  content  with  the  small  penalty  under  the  vagrancy  charge. 
Of  the  72  men  arrested  during  a period  of  eight  months  in  1909, 


1 See  Night  Court  and  Probation,  pages  82  ft. 

2 See  Report  of  Commissioners  of  Accounts,  page  16. 


76 


The  Social  Evil  in  New  York  City 


five  were  charged  with  compelling  or  inducing  their  wives  or  other 
women  to  earn  money  for  them  by  prostitution.  ^ These  men  were 
tried  in  the  same  manner  as  other  vagrants.  Of  the  five,  three  were 
sent  to  the  workhouse,  one  was  discharged,  and  in  the  other  case 
no  disposition  was  given. 

At  a regular  meeting  of  the  Board  of  City  Magistrates  in  July, 
1907,  it  was  suggested  that  some  steps  should  be  taken  to  secure,  if 
possible,  uniformity  of  treatment  of  convicted  persons  in  the  magis  - 
trates’  courts.  That  such  co-operation  is  needed  has  been  pointed 
our  under  the  Night  Court,  where  it  appears  that  in  one  case  the 
magistrate,  out  of  a total  of  420  cases,  discharged  72  per  cent.,  sent 
no  one  to  the  Workhouse  and  placed  no  one  on  probation.  On  the 
other  hand,  another  magistrate,  out  of  a total  of  171  cases,  dis- 
charged 32,  or  18.5  per  cent.;  sent  96  or  56  per  cent,  to  the  Work- 
house;  fined  7 and  placed  36  or  21  per  cent,  on  probation. 

The  report  of  the  Commissioner  of  Accounts  further  shows  the 
lack  of  co-operation  between  the  Commissioner  of  Corrections  and 
the  magistrates: 

“Orders  of  discharge  executed  by  Magistrates  are  not  forwarded 
through  any  regular  channel,  but  are  sent  by  mail,  or  given  to  private  in- 
dividuals or  to  probation  officers  for  presentation  at  the  prison  where  the 
offender  happens  to  be  incarcerated,  more  usually  the  Workhouse.  A 
prisoner  whose  offense  was  one  that  came  within  the  jurisdiction  of  a city 
Magistrate  for  final  adjudication,  is  released  as  a matter  of  course  by  the 
prison  officials  upon  receipt  of  a discharge  paper  signed  by  the  committing 
magistrate. 

“So  far  as  we  have  been  able  to  learn,  no  question  has  ever  been  raised 
by  any  of  these  officials  of  the  propriety  of  this  practice,  nor  has  any  objection 
ever  been  made  by  them  in  any  given  case  to  the  release  of  a prisoner  upon 
the  ground  of  lack  of  authority  of  the  Magistrate.  On  the  contrary,  the 
prison  officials  look  to  the  order  of  discharge  itself,  and  not  to  any  provisions 
of  law  in  the  matter,  and  if  satisfied  that  the  paper  is  signed  by  the  com- 
mitting magistrate,  they  proceed  upon  the  theory  that  this  is  sufficient.” 

In  referring  to  this  diversity  of  action  by  Magistrates,  the  Com- 
missioner of  Accounts  in  a report  on  the  Night  Court  says: 

“In  some  cases  it  seems  clear  that  no  breach  of  the  law  was  Intended  by 
the  Magistrate  concerned  (in  the  illustrations  given)  ; in  others  evidence  is 
not  wanting  to  indicate  judicial  impropriety,  lying  in  apparently  inexcusable 
indifference  to  plain  and  readily  ascertainable  facts;  while  in  still  other  cases 
there  is  shown  either  ignorance  of  the  law  or  an  apparent  desire  to  evade 
its  plain  provisions.” 

C.\TJSES  OF  Non-Enforcement  of  the  Law. 

Although  the  vagrancy  and  disorderly  conduct  laws  are  the  most 
frequently  used,  the  six  months’  sentence,  even  when  imposed,  has 
come  to  have  little  deterrent  effect  because  of  the  ease  mth  which 
releases  from  the  Workhouse  are  obtained.  Seduction  and  Com- 


' Table  XXVII. 


Protection  of  Women 


77 


pulsory  Prostitution  Laws  have  been  disregarded,  and  a law  has 
come  to  be  more  generally  used  (vagrancy)  which  has  been  so  modi- 
fied by  the  Charter  that  its  whole  success  depends  upon  a system  of 
records  and  means  of  identification  which  are  not  adequately  provided 
for.  Where  records  are  available,  instances  occur  where  the  required 
orders  and  signatures  have  been  ignored  and  releases  obtained.  No 
publicity  attaches  to  the  release  as  it  does  to  the  sentence,  and 
citizens  for  the  most  part  do  not  realize  that  six  months  frequently 
means  but  a few  days. 


MODIFICATION  OF  PENALTIES  AND  OF 
PROCEDURE  WITH  RELATION 
TO  PERSONS 


PROBATIOX  LAWS. 

The  effect  of  the  so-called  “cimiiilative  sentence'’  provisions  in 
the  City  Charter  npon  the  operation  of  State  statutes  was  shown  in 
the  preceding  sections.  The  effect  of  the  statutes  has  been  still  further 
modified  by  the  probation  laws  and  the  establishment  of  a night  court. 

Provisions  of  the  Laws. 

Tliere  are  three  probation  laws  which  bear  an  important  relation 
to  statutes  dealing  until  the  social  evil. 

The  Code  of  Criminal  Procedure  provides  for  the  appoint- 
ment of  probation  officers  by  the  Board  of  Magistrates  and  defines 
their  duties.  It  further  provides  that  after  a plea  or  verdict  of  guilty 
in  a case  where  discretion  is  conferred  upon  the  Court  as  to  the  ex- 
tent of  the  punishment,  the  Court  may  in  its  discretion  place  the  de- 
fendant upon  probation  upon  a suspended  sentence.^ 

Section  707  of  the  Charter  provides  for  the  appointment  by  the 
Board  of  City  Magistrates  of  a nmnber  of  discreet  persons  of  good 
character  to  serve  as  probation  officers  during  the  pleasure  of  the 
Board  and  to  be  assigned  by  it  to  the  various  courts.-  Persons  con- 
victed under  the  provisions  of  this  section,  namely,  of  public  intoxica- 
tion, disorderly  conduct  or  vagrancy,  may  be  released  upon  probation 
upon  terms  and  conditions  within  the  discretion  of  the  magistrate 
for  a period  not  exceeding  6 montlis.  If  at  any  time  it  shall  appear 
that  the  probationer  has  violated  the  conditions  of  his  release,  he  may 
be  committed  in  the  same  manner  as  though  not  placed  on  probation. 
The  duties  of  probation  officers  are  also  defined  in  this  section. 

Chapter  5(i  of  the  Consolidated  Laws  of  Xew  York  of  1909  provides 
for  the  establishment  of  a Probation  Commission  with  power  to  ex- 
ercise a general  supervision  over  the  work  of  probation  officers 
throughout  the  state  ; to  collect  and  jmblish  statistical  ami  other  in- 


* Appendix  XVII. 

- Appendix  XVII  A. 


Modification  of  Penalties 


79 


formation  as  to  the  operation  of  the  probation  system;  to  keep  in- 
formed as  to  the  work  of  all  probation  officers  and  from  time  to  time 
inquire  into  their  conduct  and  efficiency;  to  conduct  a formal  investi- 
gation, when  advisable,  into  the  work  of  any  probation  officer;  and 
to  secure  the  effective  application  of  the  probation  system  and  the 
enforcement  of  the  probation  law  in  all  parts  of  the  stated 

Peevailing  Conditions. 

The  Eesearch  Committee  has  not  considered  it  necessary  to  make 
an  investigaion  of  the  operation  of  these  laws.  The  investigation 
by  the  temporary  Probation  Commission  and  the  permanent  work  of 
the  existing  Probation  Commission,  the  recent  report  on  the  Night 
Court  by  the  Commissioners  of  Accounts,  and  the  reports  of  the  New 
York  Probation  Association  are  comprehensive  and  make  existing 
conditions  sufficiently  clear. 

In  1905  a temporary  Probation  Commission  rvas  appointed  by  the 
Governor  to  make  a careful  inquiry  into  the  operation  of  the  proba- 
tion system  in  the  State  of  New  A^ork,  including  the  persons  appointed, 
method  of  selection,  compensation,  number  and  classes  of  persons 
placed  under  probation,  duties  of  probation  officers,  conduct  of  pror 
l)ationers,  and  any  other  matters  pertaining  to  the  system.- 

As  the  result  of  its  investigations,  the  Commission  found  among 
other  things,  with  reference  particularly  to  Magistrates’  Courts,  that 
there  was  no  system  of  identification  and  therefore  no  opportunity  for 
ascertaining  positivelj''  in  many  cases  whether  a prisoner  was  a first 
offender  or  not.  As  a result  many  confirmed  violators  of  the  law 
were  released  on  probation.  In  cases  of  women  arrested  for  soliciting 
and  similar  offenses  there  appeared  to  be  little  discrimination  on  the 
part  of  some  magistrates  in  the  selection  of  cases  for  probation.  In 
addition  no  adequate  records  were  kept.  Such  records  as  existed 
contained  practically  no  entries  subsequent  to  the  release  of  the  person 
upon  probation,  except  that  of  final  commitment  or  discharge.  Of  the 
police  probation  officers,  with  notable  exceptions,  few  possessed  the 
]icculiar  qualifications  necessary  for  their  work. 

At  this  time,  the  women  probation  officers  in  these  courts  received 
no  salaries  from  the  city.  In  some  cases  they  were  appointed  upon 
the  recommendation  of  charitable  or  religious  organizations  and  orig- 
inally did  missionary  rather  than  Avhat  is  ordinarily  considered  proba- 
tion work.  These  officers  labored  under  many  difficulties,  such  as 
failure  on  the  part  of  the  magistrates  to  appreciate  the  real  purpose 


’ Appendix  XVII  B. 

-Report  of  The  Probation  Commission  of  the  State  of  New  York,  1006. 


80 


The  Social  Evil  in  New  York  City 


of  probation,  and  either  an  nnwillingness  to  use  it  at  all  or  its  indis- 
criminate use  in  many  cases  to  which  it  was  inapplicable.  As  a result, 
some  of  these  officers  had  very  little  to  do  so  far  as  actual  probation 
work  was  concerned,  while  others  were  overwhelmed  with  cases  for 
which  little  or  nothing  effective  could  be  done.  In  addition,  there 
was  no  uniformity  of  method,  no  adequate  system  of  visiting  proba- 
tioners in  their  homes,  or  securing  information  regarding  their  manner 
of  life.  The  system  of  requiring  reports  from  probationers  was  more 
or  less  perfunctorily  administered,  and  many  of  them  on  the  slightest 
pretexts  had  been  permitted  to  report  in  writing  instead  of  in  person. 
It  was  evident  that  while  some  good  might  have  been  accomplished  in 
individual  instances,  the  work  as  a whole  was  ineffective. 

A special  inquiry  was  made  by  the  Probation  Commission  of 
141  women  charged  with  offenses  relating  to  the  social  evil,  who 
were  placed  on  probation  from  the  Fourth  (Yorkville)  and  Second 
(Jefferson  Market)  District  Courts  for  a period  from  June  1 to 
December  15,  1905.  Of  these,  in  .37  instances  the  addresses  were 
found  to  be  deficient  or  fictitious,  leaving  but  104  cases  about  which 
information  could  be  secured.  Concerning  the  regularity  of  their 
reports  to  probation  officers,  the  women  stated  as  follows: 

In  the  Fourth  District  Court,  44  or  66  per  cent,  never  reported: 

10  or  15  per  cent,  reported  from  1 to  4 times  in  person  or  vTiting; 
6 or  9 per  cent,  reported  regularly ; and  6 would  not  give  any  informa- 
tion. In  the  Second  District  Court,  21  or  55  per  cent,  never  reported; 

11  or  29  per  cent,  reported  1 to  4 times,  in  person  or  writing;  and  6 
or  16  per  cent,  reported  regularly. 

In  these  two  courts  twenty-nine  offenders  stated  that  they  had  pre- 
viously been  arrested  more  than  twice  and  nine  that  thej"  had  been 
arrested  from  eighteen  to  sixty-one  times.  According  to  their  own 
statements  4 had  led  an  immoral  life  for  less  than  one  year,  32  from 
one  to  two  years,  and  53  for  more  than  three  years.  Of  the  latter, 
twelve  admitted  having  been  professional  prostitutes  for  over  6 years. 

Many  of  the  women  investigated  were  seen  either  soliciting  on  the 
street  or  frequenting  ‘^Raines  Law”  hotels  at  the  time  they  were  on 
probation. 

In  commenting  upon  the  length  of  the  probation  periods  under 
the  system  which  prevailed  previous  to  1905  the  report  of  the  Com- 
mission pointed  out  that  a term  of  one,  two  or  three  months  was  far 
too  short  to  accomplish  permanent  results  in  changing  the  habits,  atti- 
tude, environment  and  character  of  the  offender.  In  many  cases  pro- 
bation was  little  more  than  a suspended  sentence,  with  the  incidental 
advantage  of  oversight  and  admonition  on  the  part  of  the  probation 


Modification  of  Penalties 


81 


officers,  but  without  any  recourse  to  severer  measures  if  the  discipline 
was  not  heeded.  In  many  cases  where  sentence  was  suspended  the 
offender  was  released  without  any  probationary  oversight,  and  with 
no  means  for  bringing  information  as  to  his  subsequent  conduct  to  the 
notice  of  the  court.  This  was  the  case  both  in  courts  in  which  there 
were  probation  officers  and  in  those  where  no  probation  officers  had 
been  appointed.  It  also  appeared  that  some  probationers  were  lost 
sight  of  by  reason  of  change  of  residence  and  removal  from  one  city 
to  another. 

The  underlying  weakness  of  the  probation  system  as  established 
in  New  York  State  in  1901,  and  as  conducted  up  to  the  close  of  1905, 
was  found  by  the  Commission  to  be  that  a large  number  of  courts 
possessed  the  power  of  appointment  of  probation  officers  but  that  there 
was  no  supervision,  co-ordination  or  organization  of  the  work  of  proba- 
tion officers,  except  such  as  was  exercised  by  the  courts  to  which  they 
were  attached.  The  result  was  that  there  were  practically  as  many 
systems  of  probation  as  there  were  courts  using  the  Probation  Law. 
As  d result  of  its  study  and  investigations  the  Probation  Commission 
arrived  at  the  conclusion  that  while  the  work  must  always  be_permitted 
a considerable  degree  of  flexibility  to  meet  local  conditions  'and  indi- 
vidual needs,  there  should  be  provided  nevertheless,  some  form  of  cen- 
tral oversight,  and  it  therefore  recommended  that  a permanent  com- 
mission be  established  to  meet  this  need,  which  was  done  in  1907. 

The  system  of  records,  which  the  Probation  Commission  considered 
defective  in  1905-07  was  found  by  the  Commissioners  of  Accounts  in 
1908  to  be  as  follows  P 

When  the  magistrate  places  an  offender  on  probation  he  is  sup- 
posed to  record  his  action  by  affixing  his  signature  by  a rubber  stamp 
imprint  upon  the  original  papers,  after  filling  in  the  blank  spaces 
in  this  imprint  with  the  necessary  names,  periods  and  dates.  After 
this  is  done  the  probation  officer  to  whom  the  offender  is  assigned  inter- 
views the  probationer,  taking  her  name,  address,  occupation,  etc.  All 
of  this  information  is  supposed  to  be  recorded  on  a card  designed  for 
filing  at  the  central  office  for  probation,  located  in  the  Seventh  District 
Court,  314  West  54th  Street.  The  probationer  is  then  released,  but  she 
must  report  on  the  following  Friday  night  at  the  Central  Bureau.  In 
most  cases  the  probationer  is  allowed  to  depart  without  any  attempt  on 
the  part  of  probation  officers  to  verify  the  name,  address  or  other 
details  of  the  information  given.  In  most  cases  the  magistrates  con- 
sider the  case  then  disposed  of,  so  far  as  they  are  concerned.  In- 
spectors reported  that  probationers  after  leaving  the  Central  Bureau 


' Report  on  the  Night  Court  by  the  Commissioners  of  Accounts,  pp.  25  ff. 


The  Social  Evil  in  New  York  City 


were  seen  soliciting  on  the  streets  or  in  resorts  of  a questionable  char- 
acter. 

The  records  maintained  exclusively  in  connection  with  the  proba- 
tionary system  consist  of  an  old  index  book  and  the  cards  on  file  in  the 
Central  Bureau  which  cover  cases  emanating  from  all  courts  in  the 
Eirst  Division.  The  index  book  contains  the  name  of  the  probationer 
and  the  card  number  of  the  case ; the  date  of  entry  is  rarely  recorded. 

The  probation  cards  are  supposed  to  give  the  name,  address  of  the 
probationer,  the  nature  of  the  offense,  previous  record,  marks  of  iden- 
tification and  conditions  of  probation ; and  on  the  reverse  side  the  his- 
tory of  the  probationer  during  the  probation  period,  including  a record 
of  attendance  at  the  Central  Bureau.  The  cards  are  numbered,  lettered 
and  colored  to  distinguish  the  cases  from  the  various  courts,  and  are 
filed  in  a cabinet,  where  they  are  supposed  to  remain  permanently. 
In  practice  this  is  not  the  case,  as  many  of  the  officers  remove  and 
replace  them  at  pleasure.  No  one  appears  to  have  ant'  authority  to 
see  that  the  cards  are  not  removed  and  as  a consequence  many  of  them 
are  missing.  The  cards  relating  to  active  and  closed  cases  are  sup- 
posed to  be-  filed  separateltq  but  thfey  were  found  to  be  mixed  together. 
As  a result  of  this  condition,  and  the  lack  of  definite  information  on 
the  cards  regarding  the  cases,  the  records  are  inaccurate. 

During  the  period  from  August  1,  190?,  to  February  29,  1908, 
covered  by  the  study  of  the  Night  Court  by  the  Commissioners  of  Ac- 
counts, 400  defendants  were  placed  on  probation  at  the  time  of  arraign- 
ment.^ In  220  of  these  cases  there  was  no  information  on  the  cards 
concerning  the  behavior  of  the  probationer  during  the  probationary 
period;  in  38  cases  the  probationers  absconded  and  could  not  be  found 
at  the  addresses  given;  in  39  cases  the  probationers  were  permitted  to 
leave  the  city,  apparently  without  the  consent  of  the  committing  mag- 
istrates; and  in  3 cases  the  prisoner  was  paroled  in  the  custody  of  a 
probation  officer,  but  was  unaccounted  for  in  any  manner  at  tlie 
Central  Bureau. 

An  investigation  of  the  addi'esses  of  28?  probationers  given  on  the 
records  showed  the  following  conditions  found  in  182  cases;* 

114  were  not  known  at  the  address  given  ; 40  had  moved,  but  the 
record  did  not  show  any  change;  6 addresses  given  were  of  factory 
buildings,  2 of  churches,  2 of  vacant  houses : and  in  -5  there  were  no 
such  street  numbers;  3 were  known  at  the  address  given,  but  did  not 
live  there;  2 had  left  the  city,  apparently  without  recorded  permis- 
sion; 1 address  was  a theatre;  1,  a vacant  lot;  1,  quarters  of  an  engine 


’ For  disposition  of  cases  in  tlie  Night  Court,  see  Tables  XV.  XXVII. 
- Report  of  Commissioners  of  Accounts,  p.  2S. 


Modification  of  Penalties 


83 


company;  1,  a public  park;  1,  a meeting  room;  1,  a police  station 
house ; 1,  an  express  yard ; 1,  the  site  for  a new  building.  In  addition 
to  this,  it  was  found  that  in  most  of  the  other  cases,  the  homes  of  the 
probationers  were  not  visited  by  probation  officers. 

Eepresentatives  from  the  office  of  the  Commissioners  of  Accounts 
attended  two  of  the  regular  meetings  of  the  probation  officers,  at  which 
the  jilan  of  procedure  was  in  substance  as  follows  d 

The  probation  officers  (men  and  women)'  were  seated  around  a long 
table;  the  Chairman  held  the  list  of  all  probationers;  an  officer  at  the  door 
admitted  the  probationers,  one  at  a time,  inquired  his  or  her  name  and  an- 
nounced it  to  the  Board.  Advancing  to  the  foot  of  the  table,  the  probationer 
remained  until  the  name  was  checked  on  the  list  as  reporting,  and  a date  for 
the  next  personal  report  assigned.  At  these  two  meetings,  mo  inquiry  was 
made  concerning  the  occupation,  behavior,  change  of  address,  or  anything 
calculated  to  have  a bearing  on  the  conduct  of  the  probationers  or  to  influence 
their  future  behavior.  This  was  also  true  in  the  cases  of  several  women 
reporting  for  the  first  time.  No  questions  were  put  to  these  people  other 
than  the  perfunctory  ones  above  mentioned,  and  nothing  was  said  to  them 
other  than  to  give  notice  of  the  time  when  they  would  be  expected  to  report 
again. 

From  a report  of  the  Xew  York  Probation  Association,  prepared 
by  the  secretart^  Miss  Maud  Miner,  a former  probation  officer,  the 
following  summary  is  taken  to  sliow  the  prevailing  conditions  and  the 
value  of  probation  in  connection  with  cases  related  to  the  isocial  evil 

Miss  Miner,  from  her  wide  experience,  believes  that  in  the  majority 
of  cases  the  lives  of  such  women  are  not  changed  in  any  vital  way  by 
probation.  This  experience  is  most  successful,  she  believes,  with  girls 
from  16  to  20  years  of  age  who  are  charged  with  being  ungovernable 
and  incorrigible  and  in  danger  tlirough  bad  associations.  It  is  also 
of  value  in  the  case  of  girls  who  have  just  entered  upon  a life  of  pros- 
titution, and  women  convicted  for  the  first  or  second  time  of  intoxica- 
tion. The  girl  who  has  been  leading  an  immoral  life  for  a very  short 
time  through  the  influence  of  some  man,  or  because  of  temporary  dis- 
tress, may  be  helped  l)y  probation,  but  an  attempt  to  help  older  and 
hardened  immoral  women  by  probation  is  useless  and  tends  to  bring 
discredit  upon  the  whole  system.  The  large  percentage  of  failure  in 
the  cases  of  such  women  is  due  to  the  lack  of  preliminary  investiga- 
tion and  of  careful  selection  of  persons  to  lie  released  on  probation. 

The  lack  of  an  adequate  system  of  identification  for  those  released 
on  probation  and  the  difficulties  involved  in  securing  revocation  of 
probation  and  commitment  to  an  institution,  give  rise  to  a feeling 
among  the  women  that  probation  may  be  regarded  lightly  and  that 
they  can  violate  their  probation  with  impunity.  The  identification  by 
police  or  probation  officers  of  offenders  cannot  be  relied  upon,  because 
different  officers  are  on  duty  in  the  Night  Court,  nor  is  any  card 

* Report  of  The  Commissioners  of  Accounts,  page  28. 

' Special  report  of  the  New  York  Probation  Association.  December,  1909. 


84 


The  Social  Evil  in  New  York  City 


record  kept  in  the  court.  Even  were  such  a record  kept,  it  would  be 
almost  useless  because  the  defendants  give  different  names  when 
arrested. 

The  finger  print  system  as  it  was  tried  in  one  police  station  from 
June  5 to  November  28,  1908,  gives  a key  to  the  solution  of  the 
identification  problem  in  the  Magistrates’  Courts.  During  the  period 
of  experiment,  finger  prints  were  taken  of  1,217  different  women 
arrested  on  the  charge  of  being  prostitutes.  The  record  of  dispositions 
in  the  cases  of  two  women  arrested  during  the  time  the  finger  prints 
were  being  taken  shows  the  value  of  this  system.  The  record  in  one 
case  shows  that  tlie  same  person  was  arrested  five  times,  as  follows : 


August  I,  1908,  May  Rill  Fined  $3 

August  6,  “ Jennie  Cohen  Workhouse 

August  14,  “ Blanche  Russel!  Fined  $5 

August  16,  “ “ “ Probation 

August  26,  “ “ “ Workhouse 

In  the  other  case  the  record  shows  the  same  person  arrested  as 
follows : 

June  II,  Alice  Levy  Fined  $3 

June  21,  Olive  Lewis  Discharged 

June  30,  “ “ “ 

July  7.  “ “ “ . 

July  22,  “ “ Probation  ’ 

August  14,  Alice  Clifford Workhouse 

Septembers,  “ “ Workhouse 


It  is  possible  by  this  method  to  know  exactly  how  many  times  a 
person  has  been  convicted  and  the  sentence  imposed.  The  magistrate 
can  thus  be  reasonably  sure  whether  or  not  a woman  is  a first  offender 
or  is  on  probation  at  the  time  of  her  second  arrest.  At  the  present 
time  women  are  occasionally  discharged,  fined,  or  committed  to  the 
workhouse  at  their  first  appearance  in  the  court,  and  after  a second  or 
third  arrest  are  released  on  probation. 

Under  the  present  system  of  rotation  and  assignment  of  magis- 
trates, it  is  frequently  difficult  to  secure  the  revocation  of  probation 
and  the  commitment  of  the  defendant.  In  addition  to  this  some 
magistrates  are  unwilling  to  commit  to  institutions.  When  the  proba- 
tion officer  applies  for  a warrant  for  the  rearrest  of  a probationer  who 
has  violated  her  parole,  she  often  finds  that  the  magistrate  who  placed 
the  woman  on  probation  is  not  sitting  and  at  times  he  is  out  of  the 
city.  Application  is  then  made  at  the  court  where  the  woman  was 
first  arraigned  and  frequently  the  magistrate  refuses  to  take  action  in 
the  case  of  another  magistrate.  If  the  magistrate  who  first  released 
the  woman  is  sitting  he  is  usually  in  a court  in  a remote  part  of  the 
city,  and  as  a consequence  the  probation  officer  must  spend  much  time 
in  going  to  obtain  a warrant  and  then  attending  the  court  again  when 
the  case  is  heard. 


Modification  of  Penalties 


85 


Defendants  who  violate  probation  are  usually  committed  to  the 
Workhouse.  A few  are  placed  under  bonds  for  good  behavior  and  some 
are  sent  to  reformatory  institutions.  If  the  defendant  has  not  been  to 
the  Workhouse  before,  or  if  she  escapes  identification  there,  she  spends 
five  days  in  this  institution  and  is  then  released  under  the  cumulative 
sentence  law.  Neither  is  the  fine  nor  good  behavior  bond  effective. 
If  she  does  not  have  the  money  herself  some  friend  or  keeper  of  a 
disorderly  “Eaines  Law’^  hotel  comes  to  her  aid  and  she  is  released. 

Summary. 

It  appears  from  the  investigations  quoted  and  from  the  report  of 
the  executive  secretary  of  the  New  York  Probation  Association,  that 
probation  is  used  to  some  extent  in  cases  where  the  charge  is  for 
vagrancy  or  disorderly  conduct  or  violations  of  other  laws  regulating 
the  social  evil.  It  also  appears  that  it  is  used  by  some  magistrates  in 
such  a way  as  to  nullify  the  effect  of  these  laws,  as  in  the  case  of  old 
offenders.  This  is  partly  due  to  the  lack  of  records  and  means  of 
identification  of  those  arrested.  It  also  appears  that  probation  is  of 
little  value  with  old  offenders  and  first  offenders  are  sometimes  fined 
or  sent  to  the  Workhouse  before  they  are  placed  on  probation. 

The  Probation  Law,  as  at  present  administered,  inevitably  defeats 
instead  of  supplements  the  purpose  of  other  statutes,  for  the  following 
reasons 

(i)  Lack  of  fitness  of  some  probation  officers  for  the  position.  (2)  Lack 
of  organization  and  central  responsibility.  (3)  Inadequacy  of  records  and 
lack  of  supervision  of  them.  (4)  Unequal  division  of  work  among  probation 
officers.  (5)  Absence  of  system  of  identification.  (6)  Lack  of  adequate 
provision  for  defendants  while  awaiting  trial  or  held  for  examination.  (7) 
Failure  to  consider  physical  condition  of  prisoners.  (8)  Lack  of  prelim- 
inary investigations.  (9)  Lack  of  careful  selection  of  probationers.  (10) 
Too  short  periods  of  probation.  (ii)  Inadequate  supervision  of  proba- 
tioners. (12)  Difficulties!  in  securing  revocation  of  probation  and  commit- 
ment to  institutions. 


THE  NIGHT  COUET. 

A second  law,  having  for  its  express  object  the  breaking  up  of  the 
bail  bond  system,  was  that  establishing  a Night  Court  in  New  York 
City.2  This  is  an  amendment  to  the  Charter  and  provides  that  the 
Board  of  Magistrates  of  the  First  Division  shall  provide  for  the  hold- 
ing of  night  sessions.  The  rules  of  the  Police  Department  provide,  gen- 
erally speaking,  that  there  should  be  sent  to  the  Night  Court  all  cases 
in  which  the  magistrate  has  summary  jurisdiction  and  every  female 
prisoner  who  is  not  charged  with  committing  a felony.® 


1 Special  report  of  the  New  York  Probation  Association,  December,  1909. 
^ Appendix  XVIII  A. 

® Appendix  XVIII  A. 


86 


The  Social  Evil  in  New  York  City 


Conditions  Preceding  the  Passage  of  the  Law. 

Most  of  the  arrests  of  women  in  connection  with  the  social  evil  are 
made  after  the  regular  magistrates’  courts  are  closed  and  they  must 
then  be  held  all  night  or  released  on  bail.  This  situation  led  to 
much  graft  on  the  part  of  professional  bondsmen  who  bailed  out  the 
women  and  put  them  on  the  street  to  earn  mone}'-  to  repay  the  amount 
of  the  bond.  It  was  to  break  up  this  system,  making  unnecessary  any 
bail,  that  the  Night  Court  was  created. 

The  Eesearch  Committee  has  deemed  it  unnecessary  to  make  an 
investigation  into  the  effect  of  tliis  institution  upon  the  law'  regulating 
disorderly  and  immoral  persons,  in  view  of  the  fact  that  the  Courts’ 
Commission  has  made  a thorough  study  of  its  operation,  the  report 
of  which  is  to  be  submitted  during  April,  1910,  and  in  September,  1909. 
the  Commissioners  of  Accoimts,  under  the  direction  of  the  Mayor, 
published  the  results  of  an  investigation  into  the  accounts  and  methods 
of  the  Night  Court.  Tlie  examination  by  the  Commissioners  of 
Accounts  covered  the  period  from  August  1,  1907.  to  February  •.J9. 
1908.  With  reference  to  the  disposition  of  the  cases,  it  found: 

There  were  fourteen  magistrates  sitting  during  this  period  and 
they  disposed  of  1,727  cases  of  disorderly  conduct  (soliciting)  and 
1,551  cases  of  accosting  men — both  charges  relating  to  the  social  evil. 
Out  of  this  total  of  3,281  cases,  1,207,  or  37  per  cent.,  were  discharged ; 
1,474,  or  44.5  per  cent.,  were  fined;  69,  or  2 per  cent.,  w’ere  released  on 
good  behavior  bonds  ; and  145,  or  4.4  per  cent.,  were  placed  on  proba- 
tion. In  one  case  sentence  was  suspended,  making  88  per  cent,  of 
the  cases  in  which  the  accused  persons  w'ere  in  a position  to  return  im- 
mediately to  the  occupation  of  soliciting.  In  380  instances,  or  11.6 
per  cent.,  they  were  sent  to  the  Workhouse,  and  in  three  instances  they 
were  sent  to  homes.  44  out  of  the  380  cases  sent  to  the  Workhouse 
were  reconsidered  by  the  magistrate  after  the  sentence  was  imposed, 
and  the  prisoners  were  released,  leaving  but  336  instances,  or  10  per 
cent.,  wdio  actually  served  a term  in  the  Workhouse.  Of  24  women 
arrested  for  soliciting,  where  the  records  show  they  were  arrested 
more  than  once,  9 had  been  arrested  twice,  2 had  been  arrested  four 
and  five  times,  and  1 thirteen  times.  These  were  among  those  re- 
leased from  the  Workhouse  before  their  time  expired.’^ 

I’hat  the  frequent  miscarriage  of  justice  is  due  rather  to  faults  of 
administration  than  to  defects  in  the  law  is  evident  from  the  follow- 
ing data  illustrating  the  way  in  which  the  different  magistrates 
dispose  of  cases : 


1 Report  of  Commissioners  of  Accounts.  Table  III. 


Modification  of  Penalties 


87 


Out  of  420  cases  disposed  of,  one  magistrate  discharged  301,  or 
72  per  cent.,  and  fined  118.  He  sent  no  one  to  the  workhouse,  and 
placed  no  one  on  probation.  Out  of  276  cases  disposed  of,  another 
magistrate  discharged  63,  or  22.8  per  cent.,  fined  211,  or  76  per  cent., 
sent  1 to  the  workhouse  and  placed  1 on  probation.  On  the  other  hand, 
out  of  171  cases  disposed  of,  another  magistrate  discharged  32,  or 
18.5  per  cent.,  sent  96,  or  56  per  cent.,  to  the  Workhouse,  fined  7 and 
placed  36,  or  21  per  cent.,  on  probation;  while  a second  magistrate, 
out  of  a total  of  155  cases,  discharged  25,  or  16  per  cent.,  sent  84,  or 
54  per  cent.,  to  the  Workhouse,  fined  16  and  placed  28  on  probation. 

Summary.  * 

The  Night  Court  has  succeeded  in  remedying  the  abuse  for  which 
purpose  it  was  created.  It  has  also  been  the  means  of  bringing  about 
speedier  trials.  It  has  not  in  any  appreciable  degree  changed  the 
farce  of  dealing  with  cases  relating  to  the  social  evil,  as  is  shown  also 
on  p.  82.  Its  defects  are  those  of  other  courts  and  may  be  best  seen 
from  the  findings  of  the  Commissioners  of  Accounts : 

(1)  During  the  period  from  August  i,  1907,  to  May  31,  1908,  nine  clerical 
errors  in  the  remittances  of  the  court  clerk  to  the  chamberlaip  resulted  in  a 
net  deficit  of  $5. 

(2)  The  court  record  book  of  probationers  is  inaccurate,  incomplete 
and  untrustworthy. 

(3)  Notwithstanding  the  requirement  of  section  1400  of  the  charter,  the 
names  of  attorneys  appearing  in  cases  are  omitted  from  the  court  records. 

(4)  The  court  bond  book  prescribed  in  rule  5 of  the  board  of  magistrates 
is  not  correctly  written  up,  there  being  many  omissions  therefrom. 

(5)  In  1908  twenty-five  per  cent,  of  all  the  cases  in  the  first  division  were 
heard  in  the  Night  Court  and  twelve  per  cent,  were  heard  at  the  day  session 
second  district),  making  a total  of  thirty-seven  per  cent,  of  all  cases  tried  in 
the  same  court  room  (68,149  cases)  ; the  remainder,  sixty-three  per  cent., 
being  distributed  among  the  other  seven  court  rooms  in  the  two  boroughs, 
Further,  the  second  district  (day)  and  the  ninth  district  (night)  court  both 
occupy  the  same  rooms  at  Tenth  Street  and  Sixth  Avenue,  which  circum- 
stance gives  rise  to  congestion,  a confusion  of  records  and  papers,  and  adds 
to  the  burdens  of  the  day  force  of  court  officials  by  reason  of  the  numerous 
inquiries  made  which  relate  to  cases  tried  at  the  night  session. 

(6)  All  prisoners  arrested  for  misdemeanors  after  the  day  courts,  have 
closed  are  arraigned  in  the  night  court,  thereby  causing  absence  from  duty, 
for  a considerable  period  of  time,  of  police  officials  who  frequently  must  bring 
their  prisoners  from  distant  sections  of  the  two  boroughs. 

(7)  Considerable  confusion  exists  during  sessions  of  court  due  to  the 
large  number  of  people  congregated  within  the  railed  enclosure,  many  of 
them  directly  in  front  of  and  around  the  magistrate’s  bench. 

(8)  There  is,  wide  diversity  of  treatment  by  different  magistrates  of 
cases  involving  the  same  character  of  offense. 

(9)  Many  of  the  magistrates,  apparently  without  authority  of  law,  dis- 
charge prisoners  “on  probation”  who  had  already  been  committed  to  prison 
under  sentence. 

(10)  The  magistrates,  generally,  failed  to  comply  with  that  part  of 
section  71 1 of  the  charter  providing  that  no  order  of  discharge  from  prison 
be  granted  by  any  magistrate  except  upon  the  written  certificates  of  the 
commissioner. 


88 


The  Social  Evil  in  New  York  City 


(11)  Several  magistrates,  in  apparent  contravention  of  the  time  limita- 
tion placed  upon  their  power  to  discharge  prisoners  under  section  71 1 of  the 
charter,  granted  orders  of  discharge  in  cases  coming  within  the  inhibiton  of 
said  statute. 

( 12)  One  hundred  and  forty-four  cases  were  reopened,  reconsidered 
and  the  sentences  therein  modified  by  magistrates,  without  any  reason 
appearing  on  the  records  thereof. 

(13)  In  several  instances  magistrates  placed  prisoners  “on  probation" 
without  any  apparent  intention  of  probationary  control.  Examples:  releasing 
prisoners  on  probation  “for  balance  of  term”  when  balance  of  term  amounted 
to  two  days ; releasing  prisoners  and  endorsing  papers  “excused  from  report- 
ing” ; placing  prisoners  on  probation  whose  previous  bad  records  were  known 
or  readily  ascertainable;  assigning  female  probationers  to  the  care  of  male 
probation  officers;  releasing  prisoners  “on  probation”  without  apprising  the 
officers  to  whose  care  such  prisoners  were  supposed  to  have  been  assigned. 

(14)  Orders  of  release  of  disorderly  persons  were  granted  by  magistrates 
in  apparent  contravention  of  section  907,  code  of  criminal  procedure. 

(15)  Assignments  of  magistrates  to  courts  are  so  adjusted  by  the  board 
that  each  magistrate  serves  on  active  court  duty  slightly  more  than  50  per 
cent  of  his  time,  aggregating  in  the  course  of  a year  about  seven  months 
court  service. 

( 16)  Orders  of  discharge  from  the  workhouse  are  not  forwarded  regularly 
through  any  official  channel,  but  are  variously  sent  by  mail  to  the  workhouse, 
given  to  private  individuals  for  delivery,  or  served  on  the  warden  by  one  of 
the  court  officials. 

(17)  The  workhouse  records  fail  to  disclose  the  manner  of  receipt  of 
orders  for  discharge,  or  the  manner  of  release  of  the  prisoners  to  whom  same 
relate. 

( 18)  The  commissioner  of  correction  or  his  deputy  has  followed  the 
apparently  useless  practice  of  endorsing  the  magistrates’  orders  of  discharge 
after  the  release  of  the  prisoners  thereunder. 

( 19)  Male  probation  officers,  sixteen  in  number  are  in  regular  attendance 
on  the  magistrates  personally,  and  rotate  with  them  from  court  to  court, 
thereby  performing  about  seven  months  duty  in  a year.  This  practice  appears 
to  be  contrary  to  the  provisions  of  section  707  of  the  charter. 

(20)  Female  probation  officers,  eight  in  number,  are  assigned  to  the 
various  court  rooms  (8),  and  perform  active  duty  throughout  the  year. 

(21)  The  control  of  the  magistrates,  either  individually  or  as  a board, 
over  male  probation  officers,  is  necessarily  limited,  inasmuch  as  there  is  a 
superior  control  in  the  person  of  the  police  commissioner. 

(22)  The  records  of  the  central  bureau  of  probation  are  inadequate, 
incomplete  and  inaccurate.  Not  only  do  they  fail  to  provide  necessary 
information  concerning  probation  cases,  but  they  also  fail  to  disclose  all  of 
the  information  which  even  the  existing  forms  are  apparently  designed  to 
contain ; and  where  such  information  purports  to  be  given,  it  is  more  or  less 
untrustworthy,  in  view  of  the  many  inaccuracies  found  to  exist  in  the  records 
generally. 

(23)  The  permanent  card  records  of  the  bureau  of  probation  are 
uncontrolled  in  any  way.  Each  probation  officer  is  supposed  to  write  up  his 
or  her  own  cases  and  responsibility  in  the  matter  seems  to  end  there.  Cards 
are  taken  out  of  the  files  at  will  and  are  frequently  held  in  the  personal 
possession  of  probation  officers  for  long  periods. 

(24)  Probation  cases  are  rarely,  if  ever,  investigated  by  probation  officers 
at  the  time  when  the  probationer  is  first  committed  to  his  or  her  charge. 

(25)  No  system  of  reports  is  required  of  probation  officers  either  b}" 
individual  magistrates  or  by  the  board.  Such  reports  as  are  made,  are  the 
result  of  special  instructions  by  certain  magistrates  in  isolated  cases. 

(26)  Commitment  papers  signed  by  magistrates,  and  apparently  valid, 
were  found  in  several  instances  attached  to  the  complaint  in  “probation” 
cases,  presumably  for  use  by  the  probation  officer  in  the  event  that  the 
prisoner  violated  his  or  her  parole. 


Modification  of  Penalties 


89 


(27)  The  work  of  the  male  probation  officers,  with  few  exceptions,  is 
inefficient. 

(28)  While  a central  bureau  of  probation  ha.s  been  created  with  a chief 
probation  officer,  its  principal  use  is  as  a meeting  place  for  officers  and 
probationers,  and  it  fails  as  an  informing  or  controlling  agency,  the  chief 
probation  officer  being  practically  without  authority  and  no  other  central 
control  having  been  provided  for. 

(29)  A comparatively  large  number  of  female  probationers,  after  report- 
ing in  a perfunctory  manner  at  the  probation  office,  were  within  an  hour 
known  to  have  adopted  their  old  habits  and  visited  resorts  of  questionable 
character. 

(30)  Many  of  the  addresses  given  by  the  probationers  were  found  to  be 
fictitious,  and  few  of  their  homes,  where  the  addresses  were  correctly  given, 
appear  to  have  been  visited  by  probation  officers  in  whose  charge  they  had 
been  placed. 

(31)  There  is  an  unequal  division  of  work  among  probation  officers. 


SOCIAL  EDUCATION. 


There  are  apparently  but  three  laws  that  aim  to  preserve  morality 
through  the  regulation  of  educational  matters.  These  are  the  laws 
regulating  obscene  prints  and  articles,  display  of  immoral  pictures 
and  immoral  plays  and  exliibitions. 

OBSCEXE  PEIXTS  AXD  ARTICLES. 

This  law  has  been  on  the  statute  books  for  a number  of  years,  and 
was  first  amended  in  1884.  It  stands  primarily  in  the  way  of  adver- 
tising immoral  places,  and  acts  as  a deterrent  to  the  stimulation  of 
vice  by  means  of  education  in  immorality. 

Provisions  of  the  Law. 

Section  1141  of  the  Penal  Law  provides  that  any  person  who  sells, 
gives  away  or  advertises  in  any  manner  any  obscene,  indecent  matter 
of  any  description  or  employs  or  uses  a minor  to  assist  in  distributing 
this  matter  is  guilty  of  a misdemeanor,  and  upon  conviction  shall  be 
sentenced  to  not  less  than  ten  days  nor  more  than  one  year  in  prison 
or  fined  not  less  than  fifty  dollars  nor  more  than  one  thousand  dollars, 
or  both.  Section  1141-a  prohibits  the  display  of  indecent  prints  and 
jDictures  in  public  places,  and  any  person  so  doing  is  deemed  to  be 
guilty  of  a misdemeanor.  Section  1143  prohibits  the  distribution 
of  indecent  matter  of  any  description  by  mail  or  express,  and  any 
person  who  knowingly  or  wilfully  receives  such  matter  with  intent  to 
carry  the  same  is  also  guilty  of  a misdemeanor.^ 

In  addition  to  the  State  statutes,  the  Code  of  Ordinances  of  Xew 
York  City  as  amended  in  1900  provides  that  any  person  who  ex- 
poses any  indecent  placard,  poster,  hill  or  picture  in  or  on  any  build- 
ing, lull-board,  wall  or  fence  in  the  City  of  Xew  York,  shall  he  guilty 
of  a minor  offense  and  upon  conviction  shall  be  fined  not  less  than  ten 
nor  more  than  one  hundred  dollars  or  imprisoned  for  a term  not  ex- 
ceeding ten  days,  or  both.  Eadi  day  of  wilful  violation  constitutes 
a separate  offense. - 


^ Appendix  XIX. 

- Appendix  XIX  A. 


Social  Education 


91 


Conditions  Preceding  the  Passage  of  the  Law. 

In  1868  Mr.  Antliony  Comstock,  the  present  Secretary  of  the  New 
h ork  Society  for  the  Suppression  of  Vice,  discovered  that  a number  of 
obscene  books  and  pamphlets  were  being  printed  and  distributed 
through  the  mails  and  otherwise.  He  began  an  aggressive  campaign 
against  the  evil  and  in  1872  a law  was  formulated  for  the  suppression 
of  this  matter.  In  1873  the  Legislature  passed  an  act  incorporating 
the  New  York  Society  for  the  Suppression  of  Vice.  The  object  of 
this  Society  was  stated  to  be  to  enforce  the  laws  for  the  suppression 
of  the  trade  in  and  circulation  of  obscene  literature  and  illustrations, 
advertisements  and  articles,  for  indecent  and  immoral  use,  as  it  is 
or  may  be  forbidden  by  the  laws  of  the  State  of  Neiv  York  or  of  the 
Hnited  States. 

The  act  of  incorporation  also  charges  the  police  force  of  New 
York  City  as  well  as  other  cities  to  aid  in  the  enforcement  of  alj  laws 
for  the  suppression  of  indecent  and  oliscene  publications. 

Prevailing  Conditions. 

Records. — During  1908,  The  New  York  Society  for  the  Suppres- 
sion of  Vice  received  235  cases  from  the  Post  Office  Department  for 
investigation  and  prosecution.  All  of  these  complaints  were  concerned 
with  the  transmission  of  obscene  matter  by  mail  or  by  common 
carriers.  In  addition  to  the  prosecution  of  offenders  in  New  York 
State  during  1908,  the  Society  extended  its  activities  to  Massachusetts, 
Vermont,  Rhode  Island,  Pennsylvania  and  New  Jersey.  In  dealing 
with  foreign  senders  of  mail,  the  Society  investigated  and  reported 
several  cases  to  the  Post  Office'  Department. 

From  1873  to  December  31,  1908,  the  records  of  the  Society  show 
that  721  persons  have  been  arrested  under  the  Federal  statute,  and 
2,551  under  the  State  statute.  One  hundred  were  discharged  by  com- 
mitting magistrates  and  95  by  judges;  and  2,408  'were  convicted  or 
pleaded  guilty,  2,015  received  prison  sentences,  66  absconded,  74  were 
re-arrested,  32  were  convicted  on  second  trial.  14  bail  bonds  were  for- 
feited, and  in  74  cases  the  juries  disagreed.  The  total  amount  of 
fines  imposed  was  $219,961.25.^ 

During  this  period  of  37  years’  activity  there  were  seized  or 
destroyed  2,658,687  obscene  pictures  and  photographs;  7,768  micro- 
scopic pictures  for  charms,  knives,  etc. ; 12,945  negative  plates  for 
making  obscene  photos;  431  engraved  steel  and  copper  plates;  1,345 
wood  cuts  and  electro  plates,  together  with  8 sets  of  type  and  28,425 


These  records  include  prosecut  ions  of  dealers  in  gambling-  devices,  as  well 
as  In  obscene  prints  and  publications. 


92  The  Social  Evil  in  New  York  City 

pounds  of  stereotype  plates  for  printing  books,  etc.;  352  different 
books;  60  lithograph  stones;  165,872  articles  for  immoral  use,  of 
rubber,  etc.;  2,986,700  pounds  of  moulds  for  making  obscene  matter; 
25  establishments  for  making  this  material  were  closed;  6,515  indecent 
playing  cards;  3,520,855  circulars,  catalogues,  songs,  poems,  booklets, 
etc. ; 88,205  newspapers  containing  unlawful  advertisements  or  obscene 
matter;  129,720  open  letters  seized  in  possession  of  persons  arrested; 
6,077  names  of  dealers,  as  revealed  by  account  books  or  publishers; 
434  obscene  pictures  framed  on  walls  of  saloons;  4,431  figures  and 
images;  173,572  letters,  packages,  etc.,  seized  in  hands  of  dealers 
ready  for  mailing  at  time  of  arrest;  1,344,318  names  and  post  office 
addresses  to  whom  circulars,  etc.,  may  be  sent,  that  are  sold  as  matters 
of  merchandise,  seized  in  hands  of  persons  arrested ; 102  slot  machines 
exhibiting  obscene  pictures,  and  474  watches  with  obscene  pictures.^ 

Field  Study.— It  has  not  been  possible  for  the  Eesearch  Committee 
to  undertake  a field  investigation  of  present  conditions  regarding 
the  amount  of  obscene  and  indecent  matter  that  is  being  dis- 
tributed in  New  York  City,  and  it  seemed  unnecessary,  as  this  work  is 
actively  carried  on  by  the  New  York  Society  for  the  Suppression  of 
Vice.  It  is  necessary  that  some  organization  be  kept  constantly  at 
work,  as  the  preceding  report  shows  something  of  the  business  interests 
which  profit  by  the  production  of  this  literature.  The  chief  means 
used  in  distributing  obscene  matter  is  through  the  mails  and  common 
carriers.  There  are  numerous  instances  where  the  most  objectionable 
matter  has  been  sent  to  young  women  who  advertise  for  emplo}Tnent. 
Another  method  of  distribution  is  the  direct  sale  on  the  street.  Men 
and  boys  engaged  in  this  occupation  have  confederates  who  hang  on 
the  outskirts  of  the  crowd  and  warn  the  seller  of  the  approach  of 
policemen.  Pictures  and  books  have  been  found  in  the  possession  of 
boys  and  girls  in  schools  and  business  places. 

There  are  publications  which  contain  advertisements  of  suggestive 
and  indecent  postal  cards  and  books,  as  well  as  of  medicines  for 
women.  The  June  19th  issue  of  a prominent  sporting  paper  published 
in  New  York  City  and  circulating  through  the  mail  as  second  class 
matter  contained  a number  of  advertisements  of  this  character. 

Enforcehent  of  the  Law. 

As  previously  stated,  the  enforcement  of  the  law  is  vested  in  the 
New  York  Society  for  the  Suppression  of  Vice,  with  the  aid  of  the 
Police  Department.  In  speaking  of  the  law  and  its  enforcement,  the 
secretary  of  the  New  York  Socieh"  for  the  Suppression  of  Vice  said 


' Report  of  the  New  York  Society  for  the  Suppression  of  Vice.  190S. 


Social  Education 


93 


that  ill  his  opinion  the  penalties  provided  by  the  law  were  not  severe 
enough.  In  addition  to  this  judges  are  inclined  to  be  too  easy  upon 
persons  arrested.  Many  of  these  offenders  manage  to  create  sympathy 
for  themselves  by  saying  they  are  poor  and  the  sale  and  distribution 
of  this  matter  is  their  only  means  of  livelihood. 

DISPLAY  OF  IMMOEAL  PICTUKES. 

The  Code  of  Ordinances,  as  amended  in  1906,  prohibits  the  post- 
ing or  display  publicly  of  any  picture  tending  to  represent  the  doing 
of  a criminal  act,  or  which  represents  indirectly  the  human  body,  or 
scenes  tending  to  deprave  the  morals  of  individuals.  A fine  of  not  less 
than  $10  nor  more  than  $100  or  by  imprisonment  not  exceeding  ten 
days  is  imposed.  Each  day  of  violation  constitutes  a separate  offense. 

This  law  has  served  as  a deterrent,  even  though  the  number  of 
prosecutions  have  been  nil,  and  is  an  important  contribution  to  pro- 
tection from  vicious  educational  influences. 

IMMOEAL  PLAYS  AND  EXHIBITIONS. 

This  law  was  passed  in  1909  and  did  not  go  into  effect  until  Sep- 
tember 1,  1909.  The  number  of  plays  of  an  uncommonly  low  grade 
presented  in  New  York  City  during  the  past  two  years  was  undoubtedly 
largely  responsible  for  the  passage  of  this  law.  It  provides  that  any 
person  who  in  any  capacity  prepares,  advertises,  gives,  presents  or 
participates  in  any  indecent  play  or  exhibition  wliich  would  tend  to 
corrupt  the  morals  of  youth  or  others,  and  every  person  who  lets  or 
leases  a place  for  such  purpose  knowingly,  or  assents  to  the  same  shall 
be  guilty  of  a misdemeanor.^ 

For  the  four  months  in  1909  immediately  succeeding  the  date  upon 
which  this  law  went  into  effect,  the  records  of  the  various  courts  do 
not  show  that  any  actions  have  been  brought  under  this  statute.  On 
the  whole  it  may  be  said  that,  whether  this  law  has  been  influential  or 
not,  the  public  reaction  against  immoral  plays  has  brought  about  the 
production  of  a somewhat  different  class  of  plays  for  the  season  of 
1909-10. 


^ Appendix  XX. 


FAMILY  RELATIONS. 


Although  all  laws  which  regulate  the  social  evil  alSect  the  family 
relation,  some  have  for  their  primary  object  the  preservation  of  the 
family.  Three  groups  of  statutes  exist  for  this  purpose — those 
regulating  marriage,  those  prohibiting  adultery  and  those  pertaining 
to  midwifery  and  abortion.  These  have  been  considered  in  their  re- 
lation to  the  social  evil. 

MAEEIAGE  LICENSE  LAWS. 

There  are  four  laws  which  regulate  the  marriage  contract,  which 
are  of  importance  in  relation  to  the  subject  under  investigation.  The 
first  stipulates  the  conditions  under  which  marriage  licenses  may  be 
obtained  and  provides  for  records  and  their  preservation.’^ 

The  second  law  comprises  Sections  532,  928  and  1450  of  the  Penal 
Law.  Section  532  provides  that  a person  who  by  force,  menace  or 
duress  compels  a woman  against  her  will  to  marry  him  or  any  other 
person  or  to  be  defiled  is  punishable  by  imprisonment  for  a term  not 
exceeding  ten  years  or  by  a fine  of  not  more  than  $1,000,  or  both.- 

Sedtion  928  provides  that  any  person  who  falsely  personates 
another  and  in  such  assumed  character  marries  or  pretends  to  marry 
another  or  to  sustain  the  marriage  relation,  with  or  without  the 
connivance  of  the  latter,  is  punishable  by  imprisonment  in  a state 
prison  for  not  more  than  ten  years.  Section  1450  provides  that 
any  minister  or  magistrate  who  solemnizes  a marriage  when  either 
of  the  parties  is  laiown  to  him  to  be  under  the  age  of  legal  consent, 
or  if  within  his  Itnowledge  a legal  impediment  exists,  is  guilt}'  of  a 
misdemeanor.® 

The  fourth  law  comprises  Section  123(3,  1239,  1240  and  1260  of 
the  New  York  Charter  and  provides  for  registers,  penalities  for  failure 
to  report  or  making  false  returns,  and  for  the  keeping  of  a record 
by  the  Department  of  Health.'’ 

In  addition  to  these  Section  105  of  the  Executive  law,  author- 
izes a notary  public  to  take  aelaiowledgments  of  written  instruments. 

Appendix  XXI. 

- Appendix  XI. 

2 .Appendix  XXI  A. 

'*  Appendix  XXI  B. 


Family  Relations 


95 


including  marriage  contraetsd  For  any  omission  of  duty  or  the 
issuance  of  false  certificates,  the  notary  public  is  punishable  under 
the  public  officers  act.^ 

Conditions  Peeceding  the  Passage  oe  the  Makeiage  Lioense 

Law. 

All  of  these  statutes  were  in  force  before  the  passage  of  the  mar- 
riage license  law  in  1907,  which,  in  addition  to  other  regulations, 
required  a marriage  license  before  any  marriage  whatsoever  could  be 
legally  performed.  The  passage  of  this  law  was  largely  due  to  the 
efforts  of  Senator  George  H.  Cobb  of  Watertown.  His  attention  was 
first  called  to  the  necessity  for  such  a law  during  his  six  years  term 
of  office  as  District  Attorney  of  Jefferson  County.  He  found  that 
young  girls  were  enticed  away  from  home  and  married  by  men  of 
mature  years,  only  to  be  deserted  after  a short  time.  An  investigation 
of  conditions  showed  a general  complaint  throughout  the  state  with 
reference  to  marriages  of  this  kind.  One  of  the  most  serious  com- 
plaints was  against  notaries  public  who  acknowledged  marriage  agree- 
ments. This  prevailed  to  a greater  extent  in  Hew  York  City  than 
elsewhere.  At  this  time  it  was  stated  that  about  1,000  marriages  of 
this  kind  were  entered  into  everj^  year  by  men  who  married  women 
for  the  purpose  of  subsequently  placing  them  in  disorderly  houses. 

Although  records  were  required  by  various  existing  laws,  it  was 
found  that  there  were  no  adequate  provisions  for  enforcement  and 
that  many  marriages  were  not  recorded,  and  women  who  rebelled 
against  ‘‘going  on  the  street  to  edrn  money”  for  their  so-called  hus- 
bands, found  upon  inquiry  that  there  was  no  record  of  their  marriage 
and  that  they  were  without  moral  standing. 

Prevailing  Conditions. 

The  amended  Domestic  Relations  Law  went  into  effect  January  1, 
1908.  Criticisms  were  immediately  made  of  some  of  its  provisions. 
One  objection  was  to  the  requirement  that  the  bride  should  also  appear 
before  the  city  clerk  at  the  time  of  application  for  the  license.  This 
and  other  criticisms  of  the  law  were  summed  up  in  a resolution  adopted 
by  the  Long  Island  Preachers  Association  in  April,  1909,  in  which 
Governor  Hughes  and  the  Legislature  were  asked  to  amend  the  law. 
The  resolution  set  forth  that  the  prospective  bride  must,  under  the 
present  law,  appear  personally  at  the  office  of  the  city,  town  or  village 
clerk,  often  to  her  embarrassment;  that  Avomen  have  to  answer  ques- 


Appendix  XXI  C. 
Appendix  XXI  D. 


96 


The  Social  Evil  in  New  York  City 


tions  ill  a public  place  surrounded  by  all  sorts  of  hangers-on  and  that 
often  they  are  approached  by  runners  who  are  seeking  matrimonial 
business  for  some  magistrate  or  other  official;  that  since  the  law  went 
into  effect  the  number  of  marriages  in  New  York  State  has  decreased 
one  half;  that  more  persons  are  now  married  by  civil  ceremony  than 
formerly,  and  that  this,  together  with  the  ^“^Cupid  business”  about 
the  License  Bureau  tends  to  destroy  the  sanctity  of  marriage. 

These  objections  appear  trivial  besides  the  accomplishments  of 
the  law.  One  of  the  most  important  results  has  been  the  decrease  in 
the  activity  of  unscrupulous  notaries  public  in  performing  fake  mar- 
riages. From  January,  1901,  to  December,  1907,  about  8,579  mar- 
riages were  recorded  by  notaries  public  in  New  York  City,  an  average 
of  about  1,225  per  year.’- 

From  January  1 to  November  1,  1908,  there  is  a record  of  but 
seven  attempts  by  notaries  public  to  return  marriage  contracts  to  the 
License  Bureau  with  certificates  attached  signed  by  them  to  bear 
witness  that  civil  ceremonies  had  been  performed,  without  having  the 
required  license. 

Some  notaries  public,  while  afraid  'to  perform  fake  marriages, 
still  endeavor  to  evade  the  provisions  of  the  law.  As  an  illustration, 
during  the  past  year  a notary  public  was  asked  bi’  an  investigator  to 
perform  a fake  marriage  between  himself  and  a Swedish  immigrant 
girl.  The  reason  given  by  the  investigator  was  that  he  wanted  to 
secure  possession  of  the  girl’s  money  and  then  desert  her.  The  notary 
public  said  that  he  was  afraid  of  the  new  Domestic  Eelations  Law, 
and  would  not  take  such  a risk.  The  investigator  then  said  the  girl 
liad  $2,000  which  he  wanted  to  get.  At  this  the  notary  public  pro- 
posed the  following  plan; 

“Give  me  $25,”  he  said,  “and  I will  take  you  to  the  City  Hall 
where  we  -will  secure  a marriage  license.  I know  the  alderman  and 
he  will  marry  you  right  away.  Then  I will  draw  up  a contract  which 
will  secure  the  money  to  you.”  The  investigator  objected  because 
by  such  a plan  he  would  be  legally  married. 

“That’s  easy  enough,”  was  the  reply.  “I  can  show  you  a simple  and 
easy  way  out  of  the  difficulty.  I cannot  tell  you  all  about  it  now,  but 
after  you  are  married  begin  to  treat  your  wife  with  indifference,  leave 
her  alone  a great  deal,  then  find  a friend  who  will  go  to  your  house, 
let  hun  be  very  sAonpathetic  and  win  the  confidence  of  your  wife.  When 
this  is  done  your  friend  can  easily  get  her  to  compromise  herself.” 


^ Report  of  New  York  State  Commission  of  Immigration  p.  51. 


Family  Relations 


97 


The  investigator  again  objected.  The  notary  public  then  proposed 
that  a friend  would  take  the  ignorant  and  unsuspecting  girl  to  a hotel 
under  the  impression  that  she  was  to  meet  her  husband.  He  was  to 
register  the  girl  and  himself  as  man  and  wife  and  go  to  a room.  In 
a few  moments  the  husband  was  to  come  to  the  room  and  find  his  wife 
and  friend  together.  The  hotel  register  could  be  used  as  evidence  in 
procuring  the  divorce.  For  this  part  of  the  work,  together  with 
securing  a confession  from  the  friend,  the  notary  public  was  to  receive 
$50.  The  notary  public  in  this  transaction  talked  with  a Avoman 
investigator  whom  he  thought  the  supposed  wife  and  advised  her  in 
accordance  with  the  promise  made. 

Another  notary  public  filed  a marriage  contract  dated  December 
16,  1907,  before  the  amended  law  went  into  effect.  On  examin- 
ing the  paper  the  clerk  noticed  the  ink  was  fresher  than  it  should 
be  and  turned  it  over  to  an  assistant  district  attorney.  examina- 
tion of  witnesses  showed  that  the  marriage  was  performed  by 
the  notary  public  on  February  17,  1908.  The  couple  had  secured 
a marriage  license  under  the  new  law  and  had  turned  it  over  to  the 
notary  public,  who  in  turn’  gave  them  one  of  his  own  leaking  and 
then  married  them  for  a $5  fee.  He  was  held  in  $500  bail.  Later 
he  gave  the  District  Attorney  the  names  of  a number  of  other  notaries 
public  who  he  alleged  were  violating  the  marriage  license  law. 

Several  petty  swindling  schemes  have  grown  out  of  the  issuing  of 
licenses.  One  of  these  was  exposed  by  the  chief  clerk  of  the  Bureau 
of  Licenses.  He  found  that  a license  blank,  similar  to  the  one  printed 
for  use  in  the  Bureau,  had  been  used  by  unscrupulous  persons  to 
deceive  couples  intending  to  secure  licenses.  As  an  illustration,  one 
day  a young  German  was  on  his  way  to  the  Bureau  with  his  intended 
wife  when  a man  stopped  him  and  said  he  would  help  him  to  get 
a license.  He  was  taken  to  a nearby  building  and  was  given  a paper 
which  was  supposed  to  be  a license,  and  was  charged  $5  for  it. 

Some  men  still  use  the  process  of  getting  a license  to  secure  the 
confidence  of  ignorant  women  and  then  desert  them.  As  an  illus- 
tration, a young  Jewish  girl  accompanied  her  intended  husband  to 
the  License  Bureau  and  they  obtained  a license.  The  woman  then 
drew  $100  out  of  the  bank  and  gave  it  to  the  man.  He  left  her  saying 
he  was  going  to  buy  some  presents,  but  did  not  return.  In  another 
instance,  a woman  gave  her  intended  husband  $400  which  represented 
her  savings  from  a small  salary  for  many  years.  He  went  away  under 
some  pretext  and  did  not  return  to  marry  her 


98 


The  Social  Evil  in  New  York  City 


Enfoecemknt  of  Laws. 

The  law  requiring  a marriage  license  has  undoubtedh’  decrea.sed 
the  number  of  marriages  entered  into  by  procurers  and  others  for 
the  purpose  of  misleading  women  and  of  obtaining  their  savings.  It 
has  also  prevented  irresponsible  persons  from  performing  marriage 
ceremonies  and  has  provided  for  a satisfactory  recording  of  marriage 
certificates.  The  penalizing  of  persons  who  perform  marriages  in 
violation  of  the  law  and  of  officials  who  do  not  comply  witli  the 
requirements,  is  effective.  The  preventive  value  of  the  statute  is 
also  considerable. 

The  requirement  that  marriages  be  recorded  on  or  before  the  tenth 
day  of  the  month  next  succeeding  the  solemnizing  of  the  marriage 
is  of  great  value  but  is  not  enforced.  Prom  three  to  six  months 
have  been  permitted  and  this  is  unquestionably  too  long  a period 
and  many  subterfuges  may  be  resorted  to  before  the  ‘^wife”  can  be 
assured  by  official  record  that  the  marriage  is  legal.  Furthermore, 
the  Bureau  of  Licenses  lias  few  facilities  for  determining  whether 
illegal  marriages  are  being  performed.  It  is  therefore  impossible 
to  know  to  what  extent  fake  marriages  are  still  used  as  a means  of 
procuring  women  for  disorderly  houses. 

Summary. 

The  most  effective  of  the  marriage  laws,  in  relation  to  the  social 
evil,  is  that  requiring  a license.  The  other  marriage  laws  are  intended 
largely  to  provide  adequate  records.  No  prosecutions  appear  to  have 
been  brought  under  Section  928  for  false  impersonation,  in  cases 
where  the  oliject  has  been  to  mislead  women.  There  are  no  records 
of  notaries  public  having  been  removed  or  prosecuted  for  violation  of 
tlieir  oath  of  office,  in  aiding  and  abetting  fraudulent  marriages. 
Therefore  the  burden  of  protecting  women  in  marriage  falls  largely 
upon  the  statute  which  requires  giving  of  information  and  a license 
and  penalizes  those  who  perform  marriages  in  violation  of  the  law. 
The  License  Bureau  in  New  York  City  has  been  overwhelmed  witli 
work  and  there  is  but  little  real  information  available  as  to  the  full 
effectiveness  of  tins  law.  Its  importance  makes  it  desirable  that 
provision  be  made  for  obtaining  this  information. 

The  marriage  license  law  is  a valuable  addition  to  the  provisions 
for  social  protection  and  is  both  feared  and  observed  within  the  terms 
of  its  application.  In  considering  its  effectiveness,  however,  compaiu- 
son  may  profitably  be  made  with  other  laws.  The  prosecution  of 
“cadets,”  protectors  and  others  under  the  other  laws  are  so  few.  and 


Family  Relations 


99 


men  who  despoil  women  so  easily  escape  punishment,  that  it  is  not 
necessary  to  use  the  more  subtle  decoy  of  marriage.  With  a strict 
enforcement  of  the  so-called  ‘^cadet”  laws,  greater  use  unquestionably 
would  be  made  of  marriage  as  a means  of  obtaining  women  for  im- 
moral purposes. 

ADULTERY  LAW. 

Previous  to  the  amendment  in  1907,  adultery  did  not  constitute 
a crime,  but  was  only  a ground  for  divorce.  ISTo  study  has  therefore 
been  made  of  conditions  existing  under  the  law  previous  to  1907. 

Abstract  of  the  Law. 

Sections  100-103  of  the  Penal  law  as  amended  went  into  effect 
September  1,  1907.  It  defines  adultery  and  provides  that  any  person 
guilty  of  adultery,  upon  conviction,  is  punishable  by  imprisonment 
in  a penitentiary  or  county  Jail  for  not  more  than  six  months  or  by  a 
fine  of  not  more  than  $250  or  both.  Convictipn  cannot  be  had,  how- 
ever, upon  the  uncorroborated  testimony  of  the  person  with  whom 
the  offense  is  charged  to  have  been  committed.^ 

i 

Conditions  Preceding  the  Passage  of  the  Law. 

This  law  was  framed  by  the  Xational  Christian  League  for  the 
Promotion  of  Purity  and  its  passage  is  largely  due  to  agitation  by 
the  League.  One  of  the  arguments  made  in  its  favor  was  the  state- 
ment that  during  a period  of  sixty  years  previous  to  1907  there  had 
not  been  any  legal  penalty  attached  to  infidelity  in  wedlock  except 
divorce.  It  was  asserted  that  especialy  in  New  York  City  many 
married  men  ivere  living  in  adulterous  intercourse  with  women,  and 
in  many  instances  the  wives  of  such  men  did  not  care  to  bring  action 
for  divorce  because  of  the  publicity  and  disgrace  attending  such 
action.  It  was  argued  that  the  proposed  law  would  act  as  a deterrent. 
It  was  also  shown  that  every  state  in  the  Union  except  four  had 
similar  statutes,  and  consequently  many  men  came  to  New  York  with 
their  companions. 

Prevailing  Conditions. 

It  is  not  possible  to  state  how  much  of  a deterrent  the  law  has 
l)een,  as  there  is  no  body  of  data  with  which  to  compare  it.  The 
records  show  that  there  have  been,  since  the  law  was  amended  up 
to  December  31,  1909,  but  48  cases  tried,  and  of  these  12  were  con- 
victed. The  12  convictions  covered  but  8 cases,  as  in  4 cases  there 


^ Appendix  XXII. 


100 


The  Social  Evil  in  New  York  City 


were  2 defendants.  Of  those  convicted,  4 were  fined  from  $25  to 
$250 ; 2 were  sentenced  to  10  days’  imprisonment  and  one  to  30  days’ 
imprisonment,  and  sentence  was  suspended  in  5 cases,  or  41.5  per  cent. 

In  commenting  upon  the  effect  of  the  amendment  upon  divorce 
actions,  one  of  the  newspapers  called  attention  to  the  matter  in  the 
following  way : 

“Lawyers  already  see  that  every  divorce  action  thus  brought  to  trial  at 
once  provides  an  offense  against  the  laws  of  the  State  which  could  be  prose- 
cuted by  the  District  Attorney  simply  upon  the  testimony  of  the  witnesses,  and 
taken  down  by  the  stenographer,  whether  undefended  or  tried  before  a jury. 
Trials  of  divorce  actions  before  a referee  appointed  by  the  Supreme  Court 
for  that  purpose  will  also  furnish  ready-made  cases  for  the  District  Attorney, 
and  every  divorce  action  tried  and  judgment  given  for  the  plaintiff  will  give 
the  plaintiff,  either  husband  or  wife,  a powerful  weapon  of  retaliation  against 
an  erring  spouse,  because  it  will  be  possible  for  the  plaintiff  to  go  to  the 
District  Attorney  or  to  a magistrate  and  make  a charge  that  will  at  once 
start  the  machinery  of  justice  going.  Another  interesting  outcome  of  the 
new  law  may  be,  so  one  attorney  asserted  to-day,  for  the  Grand  Jury  each 
month  to  call  for  the  Supreme  Court  records  of  trials  of  divorces  in  which 
decrees  have  been  granted,  together  with  the  stenographer’s  minutes,  for  the 
purpose  of  bringing  indictments  systematically  against  this  class  of  offenders, 
whose  crimes  are  exploited  every  other  Friday  during  the  year,  and  on  other 
court  days  as  well,  but  who,  so  far,  have  escaped  any  other  punishment  than 
the  odium  which  goes  with  breaking  the  moral  law.” 

Enforcement  of  the  Law. 

Notwithstanding  the  belief  that  many  convictions  might  be  ob- 
tained upon  evidence  submitted  in  divorce  trials,  this  has  not  been 
the  case.  After  the  new  law  had  lieen  in  force  less  than  three  months 
lawyers  and  others  reached  the  conclusion  that  it  was  a dead  letter. 
During  this  period,  according  to  a statement  in  the  “World”  under 
date  of  November  18,  1907,  there  had  been  less  than  twenty  arrests  in 
all  the  boroughs  of  the  city.  After  going  over  the  evidence  in  some 
of  these  cases  the  Judges  of  Special  Session's  decided  that  the  evidence 
submitted  was  insufficient  and  laid  down  the  rule  that  in  order  to 
bring  about  a conviction  under  the  adulterv^  law,  the  evidence  must 
not  be  circumstantial,  but  by  confession  or  from  actual  eye-vritnesses. 
This  went  even  further  than  the  Supreme  Court  had  in  divorce  cases. 
This  rule  has  had  its  effect  upon  magistrates  and  police.  Some  of  the 
latter  assert  that  it  is  rarely  possible  to  obtain  the  required  evidence, 
and  so  long  as  this  rule  prevails  the  law  will  be  of  practically  no  effect 
in  New  York  City. 

SUMMAET- 

The  preventive  value  of  this  statute  cannot  be  determined,  but 
judging  from  the  prosecutions,  it  has  not  proved  an  ineffective  weapon 
against  immorality  and  has  practically  no  effect  upon  commercialized 


vice. 


Family  Relations 


101 


MIDWIFERY  LAWS. 

In  a city  like  Yew  York,  with  its  large  foreign  population  and  its 
constant  influx  of  aliens  from  countries  where  the  midwife  occupies 
an  important  place  in  the  family  life,  and  where  there  is  a wide  cir- 
culation of  publications  printed  in  foreign  languages,  the  relation  of 
midwifery  to  the  social  evil  is  one  of  considerable  importance. 

The  influence  of  the  midwife  was  for  a long  time  ignored,  owing 
chiefly  to  the  lack  of  knowledge  of  her  activity  and  the  opposition  of 
physicians  to  any  regulation  by  legislation  which  would  tend  to  give 
her  legal  standing.  The  establishment  of  settlements,  district  nursing 
and  other  movements  which  have  improved  both  health  and  moral 
conditions  brought  to  the  attention  of  the  people  the  conditions  which 
led  to  the  passage  of  a law  in  1907. 

Provisions  of  the  Laav. 

The  Midwifery  Law  applies  only  to  New  York  Cit3r  and  empowers 
the  Board  of  Health  to  issue  licenses  and  make  rules  and  regulations 
governing  the  practice  of  midwifery.^  It  defines  the  jiractice  of  mid- 
wifery and  provides  that  any  person  practicing  midwifery  in  New 
York  City  in  violation  of  any  regulation  adopted  by  tlie  Board  of 
Health,  is  guilty  of  a misdemeanor.  In  pursuance  of  this  law,  the 
Board  of  Health  formulated  certain  rules  and  regulations.- 

Previous  to  the  passage  of  this  law,  the  Sanitary  Code,  Sections 
159  and  184,  provided  that  only  a licensed  physician  might  practice 
midwifery  without  a permit  from  the  Board  of  Health,  and  that  mid- 
wives should  keep  a registry  of  births  and  report  them  to  the  Board 
of  Health  within  ten  days.® 

The  Research  Committee  found  that  the  most  important  relation 
of  midwifery  to  the  social  evil  was  through  the  practice  of  abortion. 
It  is  therefore  necessary  to  consider  at  this  point  the  law  regulating 
abortion.  It  provides  that  a person  who  prescribes,  supplies  or  ad- 
ministers to  a woman,  whether  pregnant  or  not,  or  advises  or  causes 
a woman  to  take  any  medicine,  drug,  or  substance,  or  uses  or  causes 
to  be  used,  any  instrument  or  other  means  to  procure  a miscarriage, 
is  guilty  of  abortion,  and  is  punishable  by  imprisonment  in  a state 
prison  for  not  more  than  four  3fears,  or  in  a county  Jail  for  not  more 
than  one  year.  Any  woman  who  attempts  abortion  upon  herself  by 
use  of  drugs  or 'instruments  is  punishable  by  similar  imprisonment; 
and  a person  Avho  manufactures,  gives  or  sells  an  instrument,  medi- 


^ .Appendix  XXIII. 
“XXIII  A. 
s XXIII  B. 


102 


The  Social  Evil  in  New  York  City 


cine,  drug  or  other  substance  with  intent  that  the  same  may  he  unlaw- 
fully used  in  procuring  the  miscarriage  of  a woman,  is  guilty  of  a 
felonyd 

Conditions  Preceding  the  Passage  of  the  Midwifery  Law. 

The  conditions  leading  to  the  passage  of  the  Midwifery  Law  are 
best  seen  in  a report  of  the  investigations  made  by  Miss  Elizabeth 
F.  Crowell  for  the  Association  of  Neighborhood  Workers,  published 
January  12,  1907.-  It  covers  500  midwives  in  New  York  City,  and 
institutions  which  train  midwives,  and  points  out  in  particular  the 
methods  of  registration,  sanitary  conditons  in  the  homes,  conditions  of 
equipment  used,  and  the  general  practice  of  midwives.  The  report 
shows  that  there  were  lax  methods  of  registering  and  inspecting  mid- 
wives, that  the  sanitary  conditions  in  the  homes  and  personal  habits  of 
the  occupants  were  not  as  they  should  be  in  the  majority  of  cases,  and 
that  out  of  426  bags  examined,  34  were  fully  equipped  and  clean ; 269 
had  an  incomplete  equipment  which  was  untidy  and  dirty;  51  were 
filthy,  and  72  midwives  did  not  have  any  equipment  whatever. 

Operation  of  Abortion  Law. — In  referring  to  the  operation  of  the 
law  against  abortion.  Miss  Crowell  reported  that  it  was  ineffectual 
in  regard  to  midwives.  In  proof  of  this,  she  cited  the  records  of  the 
coroner’s  office,  which  showed  an  average  of  three  deaths  each  month, 
or  216  for  six  years,  from  1901-1906  inclusive,  due  to  criminal  abor- 
tion. The  records  of  the  District  Attorney’s  office  for  this  period 
showed  only  31  cases  before  the  Court  of  General  Sessions,  and  the 
Grand  Jury.®  Of  these,  11  or  35.5  per  cent,  were  discharged  by  the 
Grand  Jur}^  12  or  38.7  per  cent,  were  discharged  by  the  Court;  5 or 
16.1  per  cent,  were  acquitted;  and  3 or  9.7  per  cent,  were  convicted.* 

Illegal  Practice  of  Medicine. — The  County  Medical  Society 
attempted  to  overcome  the  difficulties  of  prosecutions  by  instituting 
proceedings  in  the  Court  of  Special  Sessions,  on  the  charge  of  practic- 
ing medicine  illegally.  During  the  five  years  previous  to  her  report, 
Miss  Crowell  found  that  there  had  been  71  convictions  upon  this 
charge.  In  July,  1909,  an  examination  was  made  by  the  Eesearch 
Committee  of  the  records  of  the  County  Jledical  Society  of  42  cases, 
of  which  the  records  u'ere  obtainable.  Of  these  foimd  27  were  either 
fined  or  sent  to  prison  or  both.  Fines  to  the  amount  of  $3,610 
were  imposed,  the  largest  single  atnount  being.  $500  in  addi- 
tion to  a year  in  prison,  and  the  smallest  $35.  The  longest  sentence 

Appendix  XXIV. 

-Charities  and  The  Commons  (now  the  Suiwe.v),  January  12.  1907  p.  667. 

^ Report  of  District  Attorney  for  year  1907.  p.  65. 

* Table  XXIX. 


Family  Relatiox.s 


103 


imposed  was  3 years  and  6 months,  the  shortest  30  days  in  prison. 
Of  the  remaining  cases  7 were  discharged,  3 were  acquitted;  one 
committed  suicide,  in  one  case  sentence  was  suspended  and  in  3 in- 
stances the  disposition  was  not  given.  The  records  did  not  show  the 
number  and  source  of  all  complaints  received  during  this  period.^ 

Of  the  500  midwives  visited  by  Miss  Crowell,  176  were  classified 
by  the  investigator  as  criminal.  Against  28  there  was  a record  of 
conviction,  against  29  a record  of  investigation,  that  is,  they  had  agreed 
to  perform  criminal  operations  upon  special  detectives,  and  119  were 
under  suspicion.  Miss  Crowell  also  found  that  certain  midwives  were 
advertising  in  the  daily  papers,  in  such  a manner  as  to  attract  the 
attention  of  women  in  trouble.  As  a result  of  a crusade  against  this 
method  of  publicity  30  midwives  were  forbidden  the  use  of  the  mails. 
Their  persistence  is  seen  from  the  fact  that  soon  afterward  it  was 
found  that  the  same  women  were  advertising  in  a German  paper. 
The  notices  were  ordered  out  by  the  authorities,  but  five  months  later 
they  were  advertising  under  different  names  in  another  German  paper. 

Prevailing  Conditions. 

Board  of  Health  Regulations.^ — -Immediately  following  the  passage 
of  the  law,  the  Board  of  Health  formulated  rules  and  regulations  for 
the  practice  of  midivifery.-  The  method  employed  in  granting  per- 
mits was  as  follows : 

The  applicant  calls  at  the  office  of  the  Division  of  Child  Hygiene 
and  obtains  an  application  blank  which  must  lie  filled  out  with  the 
proposed  midwife’s  name,  address,  professional  qualifications  and  pre- 
vious record.  The  application  must  then  be  endorsed  liy  two  physi- 
cians and  one  layman,  the  former  being  required  to  certify  that  the 
applicant  has  attended  at  least  twenty  cases  of  confinement  under  their 
professional  supervision.  When  the  application  blank  is  properly 
filled  out  by  the  midwife  she  returns  it  to  the  office  in  person.  It  is 
then  given  to  an  inspector  who  in  turn  visits  the  home  of  the  appli- 
cant and  ascertains  all  the  facts  relating  to  the  home,  equipment,  per- 
sonal habits  and  general  sanitary  condition  of  the  premises.  He  also 
notes  the  contents  of  the  bag  or  outfit  used  by  the  midwife,  together 
with  its  conditions  of  cleanliness.  A careful  search  is  made  for  instru- 
ments, not  only  in  the  equipment,  but  also  in  closets,  bureau  drawers, 
cabinets,  etc.  He  examines  the  premises  to  see  if  there  is  any  room 
containing  an  examining  chair,  table  or  drugs,  that  may  be  used  for 
illegal  purposes. 


^ Table  XXXIT. 
-Appendix  XXIII  A. 


104 


The  Social  Evil  in  Neav  York  City 


The  application  also  contains  blanks  to  be  filled  out  with  data 
from  the  District  Attorney,  County  Medical  Society,  and  coroner’s 
office.  If  any  evidence  is  found  indicating  that  the  proposed  midwife 
has  been  guilty  of  illegal  practices,  she  is  required  to  appear  at  the 
office  of  the  Board  of  Health  and  make  affidavit  concerning  such 
practices.  Advantage  is  taken  of  all  available  information  upon  the 
subject.  If  the  application  is  favorably  endorsed  by  the  chief  of  the 
Division  of  Child  Hygiene  and  the  sanitai’y  superintendent,  it  is 
then  presented  to  the  Board  of  Health  for  action.  Full  reports  are 
kept  of  each  application,  the  date  of  granting  the  permit  and  all  data 
which  may  at  any  time  relate  to  the  application.  The  Board  of  Health 
revokes  permits  upon  the  recommendation  of  the  chief  of  the  Division 
of  Child  Hygiene  and  the  sanitary  superintendent,  wherever  facts 
are  presented  which  warrant  such  action. 

Detection  of  Unregistered  Midwives. — Midwives  practicing  with- 
out permits  are  detected  in  the  following  ways:  (1)  By  an  exam- 
ination of  the  birth  records  sent  in  by  midwives.  The  list  of  mid- 
wives reporting  such  births  is  compared  with  the  card  index  of  reg- 
istered midwives,  and  if  any  woman  reporting  a birth  does  not  appear 
in  this  index  she  is  notified  to  appear  at  the  office  at  once  and  make 
application  in  due  form.  (2)  By  an  investigation  of  each  case  of 
still  birth  reported  by  a midwife.  (3)  By  an  investigation  of  all 
foundling  baby  cases  in  which  midwives  were  in  attendance  at  birth. 
(4)  By  a coimparison  of  all  deaths  of  children  under  two  years  of 
age,  with  the  birth  records,  to  ascertain  whether  the  birth  has  been 
reported,  and  if  so,  whether  a midwife  has  been  in  attendance.  (5) 
By  the  investigation  of  all  advertisements  inserted  by  midwives  in 
Italian  and  Yiddish  papers. 

Supervision  of  Midwives. — The  supervision  of  midwives  is  con- 
ducted as  follows:  (1)  By  re-inspection  of  all  midwives  at  regular 
intervals.  (2)  The  Division  of  Child  Hj'giene  investigates  every 
complaint  against  a midwife,  every  case  of  still  birth,  every  case  of 
septicemia  and  of  ophthalmia  neonatorum.  (3)  From  April  15, 
1909,  to  August  9,  1909,  every  place  at  which  a birth  was  reported  by 
a midwife  in  Hew  York  City  was  visited  by  a nurse  connected  with 
the  Division  of  Child  Hygiene  and  careful  inquiry-  made  about  all 
conditions  during  confinement,  with  particular  reference  to  the  exist- 
ence of  any  abnormality  or  disease.  Hp  to  January,  1909,  511  permits 
to  practice  midwifery  were  granted  by  the  Board  of  Health  and  1,881 
applications  had  been  made  by  midwives.^ 

Records. — A study  of  the  records  of  the  Comity^  Medical  Society 


^ Annual  Report  of  Department  of  Health,  190S,  p.  274. 


Family  Relations 


105 


and  of  the  Department  of  Health  shows  that  from  1901  to  1909,  in- 
clnsive,  the  County  Medical  Society  prosecuted  59  midwives,  of  whom 
50  were  fined  or  imprisoned,  3 were  discharged  and  in  6 instances  no 
record  was  obtainable  of  the  disposition  of  the  cased  . Of  these  59 
midwives,  23  were  granted  permits,  4 were  denied,  one  application 
was  pending  and  in  30  cases  there  was  no  record  in  the  Department  of 
Health.- 

11  of  the  23  midwives  to  whom  permits  were  granted  acknowl- 
edged in  their  applications  that  they  had  previously  been  arrested  on 
criminal  charges,  the  remainder  declaring  that  they  had  never  been 
arrested.  The  aggregate  fines  imposed  upon  15  of  these  women 
amounted  to  $1,925 ; one  was  sentenced  to  90  days  in  prison  and  3 
were  discharged.  Of  the  6 whose  applications  were  denied,  4 declared 
they  had  never  been  an-ested,  one  admitted  an  arrest  and  in  one  case 
the  answer  to  this  question  was  not  given.  The  one  who  admitted  the 
arrest  said  she  was  discharged,  while  as  a matter  of  fact  she  was  fined 
$50.  The  4 who  denied  being  arrested  were  fined  an  aggregate  of 
$275. 

Field  Study  . — An  investigation  made  by  the  Research  Committee 
of  27  midwives  who  advertised  as  such  in  different  foreign  papers 
during  May  and  June,  1909,  showed  that  of  this  number  23  agreed 
to  perform  abortion  and  4 refused,  of  whom  2 gave  the  addresses  of 
other  midwives  who  would  consent.  Of  the  27  midwives  investigated 
the  Board  of  Health  had  granted  permits  to  17,  7 in  1908  and  10  in 
1909 ; 1 permit  was  denied,  1 application  was  pending  and  in  8 cases 
there  was  no  record  in  the  department.^  Two  of  these  advertising 
midwives  were  among  those  prosecuted  by  the  County  Medical  Society, 
one  in  1906  when  she  was  fined  $100,  and  the  other  in  1907  when  she 
was  fined  $200,  and  again  in  1908  when  she  served  30  days  in  prison. 
The  first  midwife  was  granted  a permit  December  30,  1908.  The 
name  of  the  second  does  not  appear  on  the  records  of  the  Health  De- 
partment, though  she  has  long  been  a notorious  woiman,  and  has  ten 
beds  in  her  house,  six  of  which  were  occupied  by  short  time  abortion 
cases  at  the  time  of  the  investigation. 

The  following  cases  illustrate  some  of  the  conditions  found  under 
the  present  law. 

Two  midwives  advertising  in  foreign  papers  were  visited.  Upon 
investigation  one  was  found  in  a kitchen  which  was  filled  with  a foul 
odor  and  was  indescribably  dirty.  The  personal  appearance  of  the 

1 The  Department  of  Health  refers  all  of  its  cases  for  prosecution  to  the 
County  Medical  Society. 

2Table  XXX. 

3 Table  XXXI. 


106 


The  Social  Evil  ix  New  York  City 


midwife  was  in  keejiing  with  her  surroundings.  She  was  intoxicated 
and  interspersed  her  conversation  with  oaths.  She  readily  agreed  to 
commit  an  abortion  and  declared  that  she  had  great  ability  in  re- 
lieving young,  girls  of  their  trouble  in  a short  time.  She  told  revolting 
stories  of  her  practices  and  spoke  of  having  had  ver}-  young  girls  as 
patients.  A further  investigation  brought  out  the  fact  that  she  had 
offered  an  honest  midwife  $6  out  of  every  $2-5  she  received  from 
patients  sent  to  her.  In  her  application  she  declared  that  she  had 
never  been  arrested  on  a criminal  charge.  This  statement  might 
have  been  true,  as  there  was  no  record  of  prosecution  against  her 
under  her  present  name,  but  she  had  acknowledged  an  arrest  to  a 
neighboring  midwife.  She  might  have  given  a fictitious  name,  which 
is  commonly  done.  The  Board  of  Health  granted  this  midwife  a 
permit  on  January  20,  1909. 

In  another  case,  a permit  had  been  denied  to  a clean,  well  educated 
Swedish  woman  46  years  of  age.  She  lived  in  a tenement  amid  good 
sanitary  conditions.  Pier  early  education  consisted  of  public  school 
training  in  Sweden,  and  in  the  Mission  schools  in  Finland.  England 
and  China.  Her  maternitt'  course  was  taken  in  Lund's  Maternity 
Hospital  and  the  Stockholm  Maternity  Hospital.  The  following  is 
a quotation  from  a letter  from  the  Secretary  of  a missionary  societ}' 
under  whose  auspices  she  worked  in  China ; 

“Mrs.  labored  for  a few  years  in  China  in  connection  with  the 

Mission.  Her  husband  lost  his  life  at  the  hands  of  the  Boxers  in 

igoo,  after  which  Mrs.  and  her  children  returned  to  Sweden.  Upon 

tire  Mission’s  deciding  that  Mrs.  should  not  go  back  to  China,  she 

undertook  a course  of  training  as  a nurse  in  a hospital  in  Sweden.  Though 

Mrs.  is  not  now  included  in  our  list  of  missionaries,  we  continue  to 

make  some  ministry  toward  her  support  each  month.” 

The  inspector  from  the  Health  Department  reported  that  he  found 
a porcelain  fountain  syringe,  scissors,  clamps,  ergot  and  lysol  in  the 
equipment  bag  of  this  midwife.  He  also  stated  that  she  advertised 
in  Swedish  papers.  In  her  affidavit  the  midwife  said  site  brought  the 
clamps  from  her  home  in  Sweden,  that  they  had  never  been  used  in 
this  countiuq  and  that  she  was  perfectly  willing  to  dispose  of  them. 
On  this  evidence  the  permit  was  denied.  An  investigation  of  this 
midwife  made  by  two  different  persons  at  different  times  resulted  in 
an  indignant  refusal  to  commit  abortion. 

These  two  illustrations  indicate  that  only  constant  supervision  and 
numerous  inspections  can  remedy  existing  conditions  and  deal  fairly 
with  applicants  for  permits. 

Of  the  27  midwives  investigated  10  gave  the  names  of  schools  in 
Yew  York  City  and  6 of  foreign  institutions  from  which  they  had 
received  diplomas.  In  1907  an  inspection  was  made  of  one  of  the 


Family  Relations 


107 


schools  of  midwifery.  The  method  of  instruction  consisted  of  lectures 
followed  by  questions  and  discussions.  The  course  extended  over  a 
period  of  three  months,  the  total  charge  being  $66  in  addition  to 
$2.50  for  a book.  At  the  end  of  the  teiTn  of  instruction  the  prospec- 
tive midwife  was  given  a diploma.  At  the  time  of  the  inspection  the 
“professor”  stated  that  the  Board  of  Health  had  always  accepted  the 
diplomas  of  this  institution  and  that  examinations  were  not  necessary 
in  the  State  of  Hew  York  after  the  course  was  completed.  When  the 
diploma  was  received,  all  a graduate  needed  to  do  was  to  register  at 
the  Board  of  Health  and  start  at  once  to  practice.  Ho  instruments 
were  necessary  until  graduation.^ 

Of  10  graduates  of  one  institution,  9 have  been  convicted  of 
criminal  practices,  1 was  discharged,  9 were  granted  permits  by  the 
Board  of  Health  and  1 application  was  denied.  This  school  was 
organized  in  1883  and  is  still  offering  its  course  of  instruction.  The 
6 graduates  of  the  infirmary  iand  maternity  home  have  similar  records. 
One  was  fined  $50  on  a criminal  charge,  and  five  recently  agreed  to 
commit  abortion.  All  have  permits  from  the  Board  of  Health.  The 
one  graduate  from  the  other  school  of  midwifery  investigated  was 
indicted  by  the  Grand  Jury  for  manslaughter  on  March  30,  1909,  hut 
a permit  was  granted  by  the  Board  of  Health  April  21,  1909. 

In  a report  on  the  “Midwives  of  Hew  York,”  Miss  F.  Elizabeth 
Crowell  says  in  part  J 

The  diplomas  of  most  of  the  New  York  schools  of  midwifery  are  worth- 
less as  evidence  of  training  or  efficiency  on  the  part  of  the  midwife  holding 
them.  In  some  cases  the  graduates  were  unable  to  read  or  write.  In  four 
of  the  schools  the  theoretical  knowledge  was  given  by  the  physician  in  charge 
three  hours  each  week.  The  practical  experience  was  obtained  in  the  homes 
of  the  poor  who  applied  for  the  attendance  of  midwives  during  expected 
confinements.  Midwives  holding  such  diplomas  told  the  investigator  that  they 
had  been  sent  to  their  first  cases  with  no  supervision  of  either  a physician  or 
experienced  midwife. 

Violations  of  the  Sanitary  Code. — Section  184  of  The  Sanitary 
Code  of  Hew  York  City  provides  that  no  person  unless  authorized 
by  law  to  do  so  shall  conduct  a lying-in  hospital,  home  or  place  for 
the  care  of  pregnant  and  parturient  Avomen,  or  advertise,  offer  or 
undertake  to  receive  and  care  for  them  at  such  place  or  at  his  home, 
AAT-thout  a permit  from  the  Board  of  Flealth.^ 

The  permit  issued  by  the  Board  of  Health  does  not  allow  midwives 
to  take  care  of  patients  in  their  homes,  but  a special  permit  is  required. 

During  the  months  of  May  and  June,  1909,  60  advertisements  of 
midwives  Avere  counted  in  different  foreign  papers.  Of  the  27  visited. 


’■See  Charites  and  The  Commons  (now  the  Survey),  Jan.  12,  1907. 
2 Appendix  XXIII  B. 


108 


The  Social  Evil  in  New  York  City 


17  advertised  to  take  a patient  in  their  homes  or  private  sanitariums 
for  treatment.  Of  the  17,  the  Department  of  Health  had  issued 
permits  to  practice  as  midwives  to  8,  in  one  case  the  application  was 
pending,  and  in  8 cases  there  was  no  record  of  them  in  the  Depart- 
ment. 

One  of  the  most  flagi’ant  cases  was  that  of  a midwife  who  had 
10  beds,  six  of  w^hich  were  occupied  by  short  time  of  abortion  cases 
at  the  time  of  the  investigation.  This  midwife  was  prosecuted  in 
1907  and  again  in  1908.  She  had  no  permit,  nor  is  there  any  record 
of  her  name  in  the  Department  of  Health.  Another  instance  was  that 
of  a midwife  who  maintained  a private  sanitarium  on  Staten  Island. 
She  advertised  from  a New  York  address  near  the  down  town  de- 
partment stores  and  was  at  this  place  during  the  noon  hour  three  days 
each  week.  She  did  not  have  a permit  nor  is  there  any  record  of  her 
name  in  the  Department.  Another  midwife  advertised  under  two 
different  names.  She  had  been  granted  a permit  under  one  name, 
but  there  was  no  record  of  the  other  name  in  the  Department. 

Of  the  27  midwives  who  advertised  6 were  Germans,  2 Swedish, 

1 French,  1 Polish,  and  one  received  her  elementary'  training  in  Italy. 
The  nationality  in  16  cases  was  not  given.  Fourteen  of  them  were 
found  in  tenement  houses  which  contained  172  families.  The  largest 
number  of  families  in  one  house  was  25. 

Criminal  Practices.- — Athough  a violation  of  the  abortion  law 
carries  a maximum  penalty  of  four  years  imprisonment,  some  of  the 
midwives  apparently  do  not  fear  its  effects.  Of  the  23  who  agreed 
to  perform  abortion,  the  following  were  the  charges  stipulated: 

(1)  Two  months,  treatment,  3 days,  terms,  $60.  (2)  Two  months, 

2 treatments  at  $10  each  at  home,  $50  for  8-day  treatment  at  private 

sanitarium.  (3)  Three  months,  treatment  7 days,  terms,  $25.  (4) 

Three  months,  treatment  4 days,  terms,  $40.  (5)  Three  months, 

terms,  $35.  (6)  Three  months,  treatment  8 days,  terms,  $75.  (7) 

Three  months,  length  of  time  not  given,  price,  charged  not  given  until 
end  of  service.  (8)  Four  months,  treatment  24  hours,  price  not 
given . ( 9 ) Would  commit  abortion  up  to  64  months,  price  not  given. 

(10)  Three  months,  treatment  2 days,  terms,  $25.  (11)  Three 

months,  treatment  24  to  48  hours,  terms,  $25.  (12)  Three  months, 

treatment  and  price  not  given.  (13)  Three  months,  3 days,  terms, 
$50.  (14)  Four  months,  length  of  treatment  not  given,  terms,  $15, 

if  secrecy  is  observed.  (15)  Three  months,  treatment  7 days,  terms, 
$50.  (16)  Three  months,  treatment  7 days,  terms  $35  in  patient's 

home,  $50  in  private  sanitarium.  (17)  Three  months,  treatment  3 
days,  terms,  $25.  (IS)  Five  months,  treatment  7 days,  terms.  $60. 


Family  Relations 


109 


(19)  Three  months,  treatment  2 days,  price  not  given.  (20)  Two 
months,  treatment  and  terms  not  given.  (21)  Three  months,  length 
of  treatment  not  given,  terms,  $40,  including  board  and  room.  (22) 
Three  months,  length  of  treatment  not  given,  terms  not  given.  (23) 
Tliree  months,  length  of  treatment  not  given,  terms,  $15.  The  treat- 
ments vary.  Some  use  drugs  in  liquid  or  pill  form,  others  instru- 
ments of  rubber  or  steel,  and  others  douches  of  different  kinds.  One 
midwife  piously  declared  tliat  she  cured  her  patients  entirely  by 
faith,  for  the  application  of  which  she  charged  $60. 

Records  Since  the  Passage  of  the  Law. — The  new  law  providing 
for  the  inspection  and  regulation  of  midwives  went  into  effect  June 
6th,  1907.  The  records  in  the  Coroner’s  office  in  Manhattan  from 
June  1,  1907,  to  March  31,  1909,  show  that  there  were  72  deaths  from 
abortions  during  this  period.  Of  this  number  36  were  criminal,  and 
36  were  the  result  of  natural  causes  or  accidents  or  no  classification 
v/as  given.  The  number  due  to  the  practices  of  midwives  was  not 
Imown.  During  this  period,  227  foetus  were  found  in  various  parts 
of  Manhattan  and  taken  to  the  Morgue. 

The  record  of  prosecutions  for  abortion  in  the  Court  of  General 
Sessions  shows  that  from  1907  to  June  30th,  1909,  after  'the  passage 
of  the  midwifery  law,  25  cases  were  considered.  Of  this  number,  5, 
or  20  per  cent.,  were  convicted;  3,  or  12  per  cent.,  were  acquitted;  12, 
or  48  per  cent.,  were  discharged  by  the  Court;  and  5,  or  20  per  cent., 
were  discharged  b)^  the  Grand  Jury.  It  was  not  possible  to  determine 
how  many  of  these  prosecutions  were  directed  against  midwives.^ 

Enfoeoe^ient  of  the  Law. 

The  S3rstem  of  inspection  and  regulation  adopted  by  the  Board  of 
Health  has  not  remedied  the  evils  in  connection  with  immorality,  as 
shown  by  Miss  Crowell  in  1907.  This  is  partly  due  to  lack  of 
appropriation.  The  granting  of  permits  to  persons  already  convicted 
or  under  indictment  shows  a lack  of  co-operation  between  the  De- 
partment, District  Attorney  and  Count}'  Medical  Society.  The  state- 
ment of  the  applicant  regarding  her  record  is  not  sufficient. 

The  rule  of  evidence  required,  as  in  other  laws,  plays  an  important 
jiart.  It  must  be  sliown  liy  corroborative  evidence  that  an  actual 
abortion  was  attempted  or  committed  upon  a pregnant  woman.  It  is 
almost  impossible  to  secure  this  kind  of  testimony,  for  the  act  is  in- 
variablv  committed  behind  closed  doors,  and  if  there  be  any  witnesses 
they  are  always  loath  to  testify.  The  victim  herself  is  reluctant  to 
testify,  because  by  so  doing  she  incriminates  herself  and  becomes 


'Table  XXIX. 


no 


The  Social  Evil  in  New  York  City 


liable  to  punisliment.  The  method  of  securing  proper  evidence  by 
detectives  is  also  difficult,  owing  to  the  constant  suspicion  of  midwives. 
When  a midwife  is  arrested,  the  information  seems  to  spread,  and  on 
the  day  of  the  trial  the  court  room  is  filled  with  midwives  who  come  to 
see  the  witnesses  in  the  case.  In  this  way  they  soon  learn  to  know  the 
detectives  employed  by  the  County  Medical  Society  and  others,  so 
that  new  ones  have  to  be  constantly  engaged,  and  competent  women 
are  hard  to  find.’^ 

A number  of  midwives  live  among  colonies  of  foreigners,  and 
unless  there  is  constant  and  painstaking  supervision  over  them,  they 
escape  detection  and  prosecution. 

A protective  association  among  midwives  furnishes  legal  advice 
and  aid  to  members  accused  of  criminal  practices. 

The  question  has  been  raised  whether  the  law  regulating  public 
nuisances  cannot  be  applied  to  midwives.  The  decision  of  Justice 
Lambert,  of  the  Appellate  Division  of  the  Supreme  Court,  in  1907, 
previous  to  the  passage  of  the  present  law,  in  the  case  of  the  People 
against  Elsie  Hoffman,  a midwife,  is  the  first  instance  in  New  York 
State  where  a house  operated  by  a professional  abortionist  has  been 
declared  to  be  a public  nuisance.  In  this  case  it  was  shown  at  the 
trial  that  during  the  time  between  January  and  May,  1907,  50  or 
more  women  were  brought  into  the  midwife’s  house  for  the  purpose 
of  abortion,  and  at  one  time  a woman  died  there.  The  midwife  was 
convicted,  and  sentenced  to  prison  for  one  year,  and  fined  $500  on 
the  specific  charge  of  maintaining  a public  nuisance,  a place  for 
committing  abortions.^ 

In  passing  sentence,  the  judge  said,  in  part: 

“It  is  difficult  to  imagine  what  could  more  offend  ‘public  decency’  or 
endanger  the  ‘health  or  safety  of  any  considerable  number  of  persons,’  and 
be  more  at  variance  with  the  ‘order  and  economy  of  the  state’  than  the  con- 
duct of  the  defendant  at  the  premises.  The  crime  for  which  the  defendant 
was  convicted  is  one  that  is  held  in  public  detestation,  and  if  allowed  to  exist, 
would  undermine  the  moral  sense  of  the  entire  communit5^  The  defendant 
argues  that  no  case  has  been  found  in  the  books  wherein  a conviction  for 
a public  nuisance  had  been  sustained  on  facts  akin  to  those  now  presented. 
There  is  no  reason  why  the  decision  should  not  now  be  made  and  so  fill  up 
and  gap  in  the  law  which  may  previously  have  existed.  The  authorities, 
however,  have  laid  down  certain  general  principles  which  clearly  sustain  the 
conviction.” 

In  commenting  upon  the  decision,  the  Coimsel  for  the  County 
Medical  Society,  said  that  it  ^‘gives  the  Police  Department  a weapon 
never  before  used,  and  which  will  enable  the  Department  to  suppress 
every  such  place  in  New  York  City,  as  a public  nuisance,  without  in 

^ See  The  Midwives  of  New  York,  Charities  and  Commons  (now  the  Survey). 
—Jan.  12,  1907. 

Supreme  court.  Appellate  Division.  First  Department — The  People  of  The 
State  of  New  York,  Respondent,  against  Elsie  Hoffman,  Defendant. 


Family  Relations 


ill 


any  way  proving  actual  abortion  as  has  been  considered  necessary 
heretofore.” 

Summary. 

It  is  apparent  from  this  brief  study  that  while  numerous  applica- 
tions have  been  made  for  licenses  they  have  been  granted  in  only 
about  37  per  cent  of  the  cases.  There  is,  on  the  other  hand,  little 
fear  on  the  part  of  some  midwives  of  the  new  law,  which  aims  to 
regmlate  the  practice  of  midwifery,  and  institutions  which  give 
diplomas  to  inexperienced  and  incapable  midwives  still  flourish. 
Criminal  practices  still  continue,  and  advertisements  are  inserted 
by  midwives  in  the  daily  press  as  formerly.  There  have  been  a 
number  of  prosecutions,  and  the  percentage  of  convictions  is  high. 
The  most  marked  improvement  has  been  in  the  sanitary  conditions. 
The  proper  regulation  of  midwives  requires  the  constant  efforts  of  a 
considerable  force  of  inspectors  in  the  Department  of  Health,  extensive 
co-operation  on  the  part  of  the  police,  and  the  active  interest  of 
citizens,  because  of  the  difficulty  of  securing  evidence. 

ABORTION  LAW. 

The  law  regulating  midwives  and  ■ the  general  law  regulating 
abortion  are  supplementary.  It  is  frequently  said  that  the  term  “mid- 
wife” and  “abortionist”  are  synon3^mous  in  New  York  City.  The 
study  of  the  abortion  law  as  it  is  applied  to  physicians,  druggists  and 
others  than  midwives  has  therefore  been  necessary.  The  data  are 
separated  into  two  periods,  the  first  dealing  with  conditions  from 
January  1,  1901,  to  December  31,  1906,  prior  to  the  passage  of  the 
Midwifery  Law;  and  the  second  with  conditions  from  January  1, 
190.7,  to  June  30,  1909. 

Conditions  Preceding  the  Passage  oe  the  Midwifery  Law. 

In  the  report  on  “The  Midwives  of  New  York,”  liy  Miss  Crowell, 
previously  quoted,  which  covered  conditions  existing  prior  to  December 
31,  1906,^  the  investigator  declared  on  good  authority  that  there 
were  no  less  than  100,000  abortions  committed  annually  in  New  York. 
Among  those  responsible  for  this  practice  she  included  midw'ives, 
physicians,  druggists,  clairvoyants,  fortune  tellers,  palmists  and 
masseuses.  In  defending  this  statement,  she  said  that  the  offenders 
numbered  approximately  1,000  professional  abortionists.  This  state- 
ment did  not  appear  to  be  an  exaggeration  for  the  reason  that 
notorious  and  successful  abortionists  perform  as  many  as  100  or  more 


See  page  102. 


112 


The  Social  Evil  in  Ne-r'  York  City 


ojierations  a inontli.  That  abortions  ivere  common  during  the  period 
investigated  is  also  shown  by  the  apparent  freedom  with  which 
midwives,  physicians  and  medical  companies  advertised  in  papers 
pnlilished  in  English  and  foreign  languages. 

An  examination  of  the  records  of  the  County  Medical  Society 
from  January  1,  1901.  to  December  31,  1906,  shows  that  during  this 
period  it  prosecuted  23  cases,  as  follows:  Physicians,  13;  druggists, 
7 ; managers  of  medical  companies,  2 ; osteopath,  1 ; palmist, 
1;  and  1 not  given.  Eleven  Avere  fined  or  both  fined  and  sent 
to  prison;  5 received  prison  sentences  Avithout  fines  attached,  2 were 
acquitted,  5 Avere  discharged  and  in  2 cases  there  was  no  disposition. 
The  largest  fine  imposed  was  $500  and  a prison  sentence  of  3 months, 
the  smallest  fine  $50.  The  longest  prison  sentence  was  1 year,  the 
shortest  30  days.’- 

Prevailing  Conditions. 

Records. — From  January  1,  1907,  to  Jime  30,  1909,  the  period 
studied' after  the  passage  of  the  Midwifery  Law,  the  records  of  the 
Coroner's  office  shoAved  that  there  Avere  72  deaths  from  abortion. 

During  a similar  period  the  Court  of  General  Sessions  disposed  of 
25  abortion  cases.  Of  these  5,  or  20  per  cent.,  were  convicted;  3,  or 
12  per  cent.,  were  acquitted;  12,  or  48  per  cent.,  were  discharged  by 
the  Court  and  5,  or  20  per  cent.,  by  the  Grand  Jury.'" 

The  County  Medical  Society  prosecuted  17  cases  in  the  Courts 
of  General  and  Special  Sessions  from  January  1,  1907,  to  June 
30,  1909.  Of  this  number  9,  or  52.9  per  cent..  Avere  fined  or  both 
fined  and  sent  to  prison  ; 2,  or  11.8  per  cent.,  were  sentenced  to  prison 
AA'ithout  fine;  1 Avas  acquitted,  1 sentence  was  suspended,  1 committed 
suicide;  1 was  discharged  by  the  Court,  1 by  the  Grand  Jury  and  in 
1 case  no  disposition  Avas  given.  ^ 

Prior  to  1908,  the  Society  for  the  Suppression  of  Vice,  destroyed 
42,233  boxes  of  pills,  poAvders,  etc.,  used  by  abortionists,  and  during 
1908,  about  53,000  circulars,  142,000  booklets  advertising  abortion 
pills  and  about  5,572  boxes  of  pills.^ 

Tlie  records  of  these  two  societies  constitute  the  chief  activity  in 
the  enforcement  of  the  abortion  laws. 

Physicians. — It  is  knoAvn  that  a number  of  physicians  work  Avith 
midAvives.  They  are  called  upon  to  assist  at  critical  periods  and  to 
help  them  when  they  are  in  trouble  Avith  the  authorities.  There  are 


1 Table  XXXII. 

2 Table  XXIX. 

3 Table  XXXII. 

* Report  of  The  Society  for  the  Suppression  of  A’ice,  1909.  p.  13. 


F amily  Helations 


113 


also  a considerable  number  of  j)hysicians  udio  practice  abortion  as  a 
specialty,  and  it  is  the  belief  among  those  who  are  familiar  with  the 
subject  that  this  number  is  steadily  increasing  and  that  physicians 
are  competing  with  midwives  for  this  business.  The  new  Midwifery 
Law  has  aided  in  this,  for  it  contains  a definition  of  the  practice  of 
medicine  which  it  formerly  lacked,  and  the  enforcement  of  this  clause 
tends  to  turn  over  to  physicians  much  of  the  abortion  practice  which 
the  midwives  had  before  its  passage. 

A man  identified  with  the  drug  business  stated  that  he  knew  a 
number  of  physicians  who  were  employed  in  performing  criminal 
operations.  Many  of  them  lived  in  the  vicinity  of  large  drug  stores 
and  had  an  understanding  with  the  drug  clerks  who  gave  the 
physicians’  addresses  to  women  who  attempted  to  purchase  abortion 
drugs.  One  physician  whose  advertisement  recently  appeared  in  a 
weekly  paper  published  in  New  York  City  stated  that  he  was  a man 
of  “^skill  and  discretion  and  could  be  absolutely  relied  upon  in  cases  of 
emergency.” 

The  following  cases  are  typical  of  the  activity  of  such  physicians : 

The  first  instance  is  that  of  a professional  abortionist  living  on  the  East 
Side.  Not  long  ago  a baker  took  a foreign  girl  of  i6  years  to  this  physician 
for  a criminal  operation.  The  girl  was  then  sent  by  the  physician  to  the  home 
of  an  Austrian  woman  where  she  was  kept  for  eight  days.  When  the  girl 
returned  home,  suspicion  was  aroused  which  finally  resulted  in  the  arrest  of 
the  physician,  the  supposed  nurse  and  the  baker,  the  latter  on  the  charge 
of  rape.  The  physician  was  acquitted,  and  the  woman  and  the  baker  dis- 
charged on  their  own  recognizance,  all  for  lack  of  evidence.  The  woman 
who  received  the  girl  under  her  care  after  the  operation  was  not  a midwife, 
nor  even  a trained  nurse.  A probation  officer  who  has  had  long  and  varied 
experience  says  that  there  are  many  foreign  women  of  no  training  what- 
soever in  the  city  who  make  a business  of  nursing  girls  who  have  had  abor- 
tions performed  by  physicians. 

The  second  instance  is  that  of  a prominent  specialist.  He  does  a flour- 
ishing business  and  advertises  in  an  open  and  flagrant  way.  His  advertise- 
ment assures  all  prospective  patients  that  his  medicines  at  $2  per  box  are 
guaranteed  to  cure  all  irregularities  or  obstructions,  no  matter  from  what 
cause  they  may  originate,  without  operation,  pain  or  use  of  instruments. 
He  further  announces  that  diplomas  signed  by  leading  physicians  in  America 
and  Europe  are  in  his  office  for  inspection.  The  authorities  have  made  many 
efforts  to  prosecute  him.  One  of  these  efforts  was  successful  in  1905  and  he 
was  fined  $50  on  the  charge  of  selling  abortion  drugs.  On  i\Iay  29,  1909,  an 
investigator  visited  his  office,  in  answer  to  his  advertisement,  and  learned 
that  the  charge  for  treatment  was  $75.  The  physician’s  rvife  advised  against 
using  a midwife,  even  if  it  was  cheaper,  because  it  would  not  be  safe. 

Druggists  and  Abortion  Drugs. — Tlie  druggists  of  the  citt'. 
especially  small  proprietors  on  side  streets  and  avenues,  make  a 
practice  of  openly  selling  abortion  drugs.  In  some  cases  they  exercise 
caution  but  as  a rule  anyltody  can  Imy  the  drugs  without  a 
physician’s  prescription  and  as  freely  as  anything  else  in  the  store. 
It  is  claimed  that  druggists  are  forced  to  sell  drugs  of  this  description 
because  of  the  competition  with  large  drug  stores  which  cut  prices. 


114 


The  Social  Evil  in  New  York  City 


Another  temptation  is  the  large  profits  from  the  sale  of  medicines  of 
this  kind.  A drug  clerk  of  considerable  experience  declared  that  a 
number  of  druggists  sell  abortion  drugs  in  bottles  without  labels,  to 
avoid  exposure.  If  the  customer  asks  to  have  the  label  put  on  the 
bottle  the  proprietors  immediately  become  suspicious.  Drug  stores’ 
of  this  class  have  a large  trade  in  abortion  drugs,  and  the  following 
drugs  are  in  demand  for  tliis  purpose : 

Ergot  is  sold  on  prescription  from  a physician,  or  without  if  the 
druggist  is  not  suspicious.  “Emmenagogue  Pills”  are  sold  in  anv 
drug  store,  24  in  a bottle.  Tanzy,  pennyroyal  and  ergot  in  pill  form 
are  used.  Tanzy  and  penny  royal  tea  are  sold  indiscriminately  to 
the  general  public.  Ergo  Appiol  is  stated  to  be  a sure  abortion  drug, 
often  prescribed  by  physicians.  It  comes  in  capsule  form  and  is  sold 
over  the  counter  to  the  general  public  and  on  prescription.  Elamef  is 
a drug  sold  in  an  ingenious  way  by  crafty  druggists.  It  is  the  word 
“female”  spelled  backirard,  and  all  one  has  to  do  to  obtain  it  is  to 
give  this  name.  Cottonwood  bark  is  a fluid  extract,  and  a powerful 
abortion  drug.  It  is  used  extensively  by  negroes  and  is  a product  of 
the  South.  Some  druggists  sell  it  on  prescription,  others  will  sell  to 
the  general  public  without  question. 

Advertisements. — Many  of  the  advertisements  which  pretend  to 
correct  menstruation  are  merely  blinds  for  the  sale  of  abortion  drugs. 
Another  method  is  for  a druggist  to  give  away  or  sell  for  5 cents  a 
small  package  of  tanzy  or  pennyroyal  tea.  The  booklet  is  enclosed 
in  the  package  and  describes  the  pills  in  such  terms  as  the  following: 

“SAFEST,  SUREST  AND  MOST  RELIABLE  EMMENAGOGUE.” 

“Emmenagogue  is  a specific  drug  which  acts  directly  and  pozeerfnUy . 
at  the  same  time  safely  and  promptly,  speedily  and  effectually  relieving 
prolonged  suppression  of  and  re-establishing  or  restoring  the  menstrual 
periods  or  monthly  sickness  without  aiw  injurious  after  effects.  As  a pre- 
ventive of  irregularities  they  are  indispensable.” 

In  the  sporting  papers  more  open  advertisements  appear  calling 
attention  to  these  drugs.  The  Police  Gazette,  published  in  New  York 
City  and  circulating  through  the  mails  as  second  class  matter,  ran  six 
advertisements  of  this  nature  under  date  of  June  19,  1909,  one  of 
which  was  as  follows : 

“LADIES : $i,ooo  R.eward ' I positively  guarantee  my  never-failing 
ERGO-KOLO  MONTHLY  REMEDY.  Safely  relieves  longest,  most  ab- 
normal cases  in  s to  5 days,  without  harm,  pain  or  interference  with  york. 
Mail,  $1.50.  Double  strength,  $2.00.  Booklet  free.  Dr.  R.  Co.” 

Abortions  and  The  Social  Evil. — There  can  be  no  doubt  that 
criminal  abortions  are  constantly  being  performed  by  some  midwives 
and  physicians  and  tliat  abortion  drugs  are  freely  sold  b}^  some 
druggists  to  the  general  pultlic.  The  question  arises  whether  or  not 


Family  Relations 


115 


abortion  tends  to  turn  women  who  have  resorted  to  it,  to  a life  of 
professional  prostitution.  There  can  be  little  doubt  that  the  com- 
mission of  such  acts  undermines  the  moral  sense.  Women  probation 
officers  in  New  York  City,  speaking  from  their  experience  with 
hundreds  of  women,  declare  that  the  practice  of  abortion  does  bear 
a vital  relation  to  the  social  evil,  and  definite  instances  have  been 
found  where  women  have  gone  from  midwives’  homes  into  houses  of 
prostitution  for  the  first  time. 

Eneoecement  oe  the  Law. 

There  is  perhaps  no  law  bearing  so  vital  a relation  to  health, 
moralit}^  and  to  commercialized  vice,  which  is  so  little  enforced.  The 
ratio  of  prosecutions  to  those  who  commit  abortions  is  so  small  as  to 
be  practically  negative  in  its  results.  Fundamentally  anti-social  and 
anti-racial,  this  form  of  vice  arouses  less  public  repugnance  than  the 
disorderly  house  or  the  ^'Raines  Law”  hotel.  This  is  partly  true  be- 
cause such  a large  percentage  of  abortions  are  performed  not  to  avoid 
shame,  or  upon  prostitutes,  but  within  the  family  itself.  The  relation 
of  abortion  to  prostitution  is  not  more  vital  than  to  the  family  life 
and,  morality.  There  is  a tolerance  of  this  form  of  immoEality  which 
makes  enforcement  of  laws  impossible,  even  of  those  dealing  with  the 
miscellaneous  sale  of  drugs  for  the  purpose. 

Causes  oe  Non-Eneokcement  oe  Laws. 

There  are  many  difficuties  in  the  way  of  securing  enforcement  of 
laws.  Tliis  is  especially  true  with  regard  to  physicians.  They  are 
more  or  less  protected  by  the  law  and  without  arousing  suspicion  can 
have  about  them  the  means  for  the  practice  of  abortion,  such  as  instru- 
ments and  drugs,  while  the  mere  presence  of  this  equipment  in  the 
hands  of  the  midwife  is  sufficient  to  establish  grounds  for  denying  a 
permit.  Again,  the  physician  can  assert  that  no  abortion  was 
attempted,  even  if  caught  in  the  act  of  using  instruments  unless  it 
can  be  proved  beyond  a doubt  that  the  patient  was  really  pregnant,  a 
fact  almost  impossible  to  establish  until  the  fourth  month. 

It  is  practically  impossible  to  apprehend  physicians,  medical  com- 
panies and  others  who  advertise  instruments  and  drugs.  These  an- 
nouncements are  so  worded  as  to  shield  both  the  publisher  and  the 
advertiser.  The  advertisement  of  the  specialist  noted  above  has  been 
appearing  in  one  form  or  another  for  several  years,  and  is  so  worded 
as  to  mean  anything  or  nothing  as  to  criminal  abortion.  The  fact 
remains  that  those  who  desire  the  services  of  an  abortionist  can  read 
between  the  lines  and  patients  are  secured  as  easily  as  though  the 


116  The  Social  Evil  ix  New  York  City 

advertisement  offered  to  perform  abortion.  The  postal  authorities 
have  in  times  past  succeeded  in  preventing  the  publication  of  sus- 
picious advertisements  of  this  character  in  certain  papers,  but  they 
soon  appear  again  under  different  names  and  in  other  publications. 

SALE  OF  DEUGS  LAWS. 

Tbe  illegal  sale  of  cocaine,  morphine  and  opium,  and  their  use  by 
immoral  women  and  men  is  a matter  for  serious  consideration  in  con- 
nection with  the  social  evil.  Any  comprehensive  treatment  of  this 
subject  must  take  into  consideration  the  fact  that  many  of  the  victims 
of  this  eidl  are  lured  into  it  in  the  first  instance  through  the  use  of 
drugs. 

Abstract  of  the  Law. 

Two  laws  regulate  the  sale  of  drugs.  The  first  is  Sections  1533, 
1745  and  1746  of  the  Penal  Law,  which  provide  that  it  is  unlawful 
for  any  person  to  sell,  furnish  or  dispose  of  any  cocaine  or  mixture 
of  cocaine  and  other  drugs  except  upon  the  written  prescription  of  a 
duly  registered  physician.^  When  such  a prescription  is  issued  it 
must  be  retained  by  the  person  who  dispenses  the  drug  and  must  not 
be  used  again  nor  a copy  given  to  any  person.  In  addition  to  this, 
the  law  provides  for  certain  regulations  regarding  the  distribution 
of  this  drug  by  wholesale  dealers.  The  violation  of  this  section  of 
the  law  is  considered  a felony  and  the  punishment  is  imprisonment 
for  not  more  than  one  year  or  a fine  of  not  more  than  one  thousand 
dollars,  or  both. 

The  section  of  the  law  regarding  opium  and  morphine  provides 
that  any  person  who  maintains  a building  or  place  where  opium  is 
sold,  given  away  or  smoked,  is  guilty  of  a misdemeanor.  A person 
is  also  guilty  of  a misdemeanor  who  refills  more  than  once  prescrip- 
tions containing  opium,  morphine  or  preparations  of  ether,  except  on 
the  wi’itten  or  verbal  order  of  a phj^sician. 

In  addition  to  these  provisions  of  the  Penal  Law,  Section  18‘2  of 
the  Sanitary  Code  of  New  York  City  expressly  forbids  the  sale  at 
retail  of  cocaine  or  salt  of  cocaine  either  alone  or  in  combination  with 
other  substances  except  upon  the  prescription  of  a physician." 

Prevailixg  Coxditioxs. 

Records. — The  only  court  records  studied  relate  to  the  prosecutions 
for  violation  of  the  law  regarding  the  sale  and  use  of  cocaine,  cover- 
ing the  period  from  January  1,  1909,  to  Jime  30,  1909.  During  this 


1 Appendix  XXV. 

2 Appendix  XXV  A. 


Family  Relations 


117 


time  28  persons  were  tried  for  these  offenses  in  the  Court  of  General 
Sessions.  Of  these  1 was  fined,  12  were  sent  to  prison,  3 were  sent  to  a 
reformatory,  3 were  acquitted,  3 were  put  on  probation  or  sentence 
was  suspended,  and  1 was  a bail  forfeiture;  in  3 instances  the  dis- 
position was  not  given,  and  in  2 cases  the  Grand  Jury  failed  to  bring 
in  an  indictment.  The  longest  prison  sentence  was  for  one  year;  the 
shorest,  one  month.  The  largest  fine  was  $500.  Of  the  28  apprehended, 
three  were  women.  The  occupation  of  two  of  the  women  was  given 
as  housework ; of  the  other  as  laundry  work.  The  men  were  drug- 
gists, waiters,  printers,  plumbers,  clerks  and  laborers.  25  were 
charged  with  the  illegal  sale  of  cocaine,  and  the  remaining  3 with 
using  the  drug. 

The  record  of  sales  of  cocaine  by  a few  prominent  wholesale  drug- 
gists from  January  1,  1908,  to  January  29,  1909,  shows  that  6,045 
ounces  were  distributed  among  25  physicians  and  druggists.  The 
largest  amount  sold  to  one  firm  was  1,592J^  ounces.  This  firm  is 
located  on  the  Bowery.  The  next  largest  amount  was  1,452  ounces  to 
a down-town  firm,  and  the  next  1,271  ounces  to  a place  in  Harlem. 

The  court  records  above  cited  show  that  some  of  the  persons  to 
whom  cocaine  Avas  sold  by  wholesale  dealers  have  been  prosecuted  for 
illegal  selling.  One  instance  was  that  of  a druggist  on  West  8th 
Street.  He  was  indicted  November  5th,  1908,  and  was  tried  in  March, 
1909.  He  pleaded  guilty  to  the  charge  of  selling  cocaine  to  an  old 
man  and  was  fined  $250  and  sent  to  prison  for  five  months.  The  fine, 
however,  Avas  remitted. 

Another  case  Avas  that  of  a physician  in  Brooklyn.  He  is  credited 
on  the  list  with  a purchase  of  318^2  ounces  of  cocaine.  During  the 
summer  of  1909  his  home  Avas  raided  by  detectives  and  cocaine  valued 
at  nearly  $100  was  seized.  Both  the  physician  and  his  wife  were  held 
by  the  magistrate. 

An  investigation  was  made  of  another  druggist  whose  name  Avas 
on  the  list  as  purchasing  50  ounces  of  cocaine.  It  was  stated  that  he 
had  been  arrested  three  or  four  times  for  illegal  selling.  His  chief 
customers  Avere  immoral  Avomen  who  lived  in  the  neighborhood. 

Field  Study. — This  study  Avas  made  Avith  a vieAv  to  determin- 
ing to  Avhat  extent  cocaine,  morphine  and  opium  were  used  by  im- 
moral Avomen  and  the  men  Avho  associated  with  them,  rather  than  its 
use  in  general,  though  it  is  recognized  as  a cause  of  immorality.  It 
Avas  found  that  many  of  the  prostitutes  aaTo  pass  through  the  Magis- 
trates Courts  in  Manhattan  are  victims  of  the  drug  habit  in  some 
form.  They  acquire  this  habit  by  first  smoking  cigarettes  and  grad- 
ually fall  into  the  use  of  some  drug  through  the  example  and  per- 


118  The  Social  Evil  in  New  York  City 

suasion  of  the  “cadets’"  or  protectors  with  whom  they  live.  When 
these  women  are  arrested  many  methods  are  used  by  protectors  to  fur- 
nish them  with  the  drug  to  which  they  are  accustomed.  In  one  in- 
stance a woman  received  a box  of  food  which  when  examined  was 
found  to  contain  sandwiches  filled  with  cigarettes  in  which  the  drug 
was  concealed. 

Another  case  found  was  of  a girl  seventeen  years  of  age  who  was 
arrested  as  an  ungovernable  child.  The  man  with  whom  she  lived  came 
to  the  prison  with  a package  which  proved  to  be  the  end  of  a loaf  of 
bread  filled  with  cigarettes  and  a small  package  of  cocaine.  The 
man  was  arrested.  It  was  shown  in  the  testimony  that  he  was  a 
cocaine  fiend  and  that  he  distributed  cocaine  to  street  women,  especially 
on  the  Bowery.  These  women  were  in  the  habit  of  coming  to  his 
rooms  in  Harlem  for  small  packages  of  the  drug,  for  which  they 
paid  35  cents  each.  This  man  had  a yoimg  son  in  his  home  who 
mingled  with  the  women  and  was  also  a victim  of  the  habit. 

Another  man  posed  as  the  brother  of  a woman  who  was  arrested  as 
a prostitute.  He  had  lived  with  her  two  months  and  had  taught  her 
to  use  cocaine.  She  was  sent  to  a home  and  became  almost  crazed 
when  deprived  of  the  drug. 

The  use  of  opium  is  very  common  among  prostitutes  in  this  city. 
An  investigator  talked  with  a number  of  women  who  frequent  “China- 
town,” who  asserted  that  their  first  step  toward  prostitution  began  with 
smoking  opium,  given  to  them  by  Chinese  and  white  victims  of  the 
habit.  Probation  officers  say  that  it  is  astonishing  to  find  that  many 
of  the  young  girls  of  the  street  are  either  victims  of  the  drug  habit 
in  some  form  or  are  just  beginning  to  use  it.  This  is  partly  explained 
by  the  fact  that  many  young  men  are  addicted  to  the  habit,  and  they 
in  turn  teach  the  girls  even  before  the}'  put  them  on  the  street. 

Enforcement  of  the  Law. 

For  some  time  the  Health  Department,  under  a provision  of  the 
Sanitary  Code,  had  the  full  responsibilit}^  for  the  enforcement  of  the 
law.  Then  a statute  was  passed  making  the  matter  a police  measure 
and  increasing  the  severity  of  the  punishment.  Since  that  time  the 
Health  and  Police  Departments  have  co-operated  with  each  other  and 
with  the  District  Attorney  in  the  enforcement  of  the  law.  During  the 
spring  of  1909,  the  sanitary  superintendent  in  an  address  pointed  out 
the  spread  of  the  evil  and  the  difficulties  of  checking  it  in  the  city. 
As  a result  of  this  publicity,  a woman  citizen  placed  several  thousand 
dollars  at  the  disposal  of  the  Health  Department  for  the  purpose  of 
conducting  a campaign  against  the  illegal  sale  of  cocaine.  Since 


Family  Relations 


119 


receiving  the  monej'',  the  health  authorities  have  been  very  active  in 
apprehending  offenders  and  some  effective  work  has  been  accomplished. 
The  evil  nevertheless  continues  to  spread. 

The  judges  of  General  Sessions  favor  efforts  to  bring  violators 
of  this  law  to  justice  when  the  evidence  is  sufficient.  One  of  the 
judges  in  sentencing  a woman  who  had  been  found  guilty  said : 

“I  am  absolutely  against  people  who  traffic  illegally  in  this  terrible  drug 
and  I will  give  all  offenders  the  full  benefit  of  the  law  whether  they  plead 
guilty  or  are  found  guilty,  and  none  need  expect  mercy  at  my  hands.” 

Causes  of  Ron-Enfokcement  of  the  Law. 

These  may  be  classified  as  follow::  (1)  Difficulty  of  securing  evi- 
dence. (2)  Lack  of  funds.  (3)  Lack  of  co-operation  between 
prosecuting  authorities  and  wholesale  dealers. 

The  difficulty  of  securing  evidence  is  probably  the  cliief  impedi- 
ment. Practically  every  user  of  the  drug  shows  the  effect  of  it  in 
some  way.  Druggists  and  individuals  who  offer  the  drug  for  sale  easily 
recognize  these  victims  and  are  careful  in  selling  to  any  others.  This 
fact  is  recognized  by  the  authorities  and  since  the  Health  Department 
has  received  funds  to  carry  on  the  work  of  prosecution  it  has  been  most 
successful  when  it  has  secured  the  services  of  cocaine  fiends  them- 
selves in  detecting  guilty  persons.  Previous  to  the  receipt  of  a fund 
from  private  sources,  the  work  of  detection  and  prosecution  bj'’  the 
Health  Dpartment  was  hampered  and  often  rendered  ineffective  be- 
cause of  a lack  of  funds. 

As  shown  by  the  records,  several  druggists  and  individuals  are  able 
to  buy  large  quantities  of  cocaine  from  vdiolesale  dealers,  in  spite  of 
the  fact  that  they  had  previously  been  convicted  in  the  courts  for 
illegal  sales. 

Summary. 

This  study  has  not  considered  the  evil  effects  due  to  the  careless 
and  frequent  prescriptions  made  by  physicians  to  relieve  pain  nor  the 
growth  of  the  use  of  the  drug  among  respectable  members  of  the 
community,  although  it  is  well  known  that  cocaine  weakens  the  moral 
sense  and  in  this  way  panders  to  vice.  There  is  no  doubt,  however,  that 
its  use  by  immoral  women  makes  their  lives  more  tolerable,  and  that 
many  of  the  patrons  of  disorderly  places  also  come  to  use  the  drug. 
More  vicious  forms  of  immorality,  more  abnormality,  are  therefore 
introduced.  The  efforts  made  to  check  it  are  not  successful  because 
only  its  sale  is  regulated  and  little  record  is  kept  of  the  amounts  used. 
The  enforcement  of  so  important  a health  measure  cannot  be  wholly 
effective  if  dependence  for  the  funds  to  enforce  it  must  come  from 
private  sources. 


CHILDREN 


In  addition  to  the  laws  designed  to  protect  the  family,  there  are 
a nninber  which  directly  protect  children  against  rice,  whether  it 
it  is  brought  to  them  through  force,  knowledge  or  temptation.  These 
include  the  laws  against  Eape,  Kidnapping  and  Abduction.  A second 
class  of  laws  protects  children  at  work. 

RAPE,  KIDXAPPIKG  AXD  ABDUCTIOX. 

Although  seemingly  A*ery  different,  these  laws  are  grouped  together 
for  the  reason  that  in  prosecutions,  they  are  used  interchangeably. 
If  the  stronger  charge  cannot  he  proved,  and  convictions  obtained 
on  the  weaker  charges,  carrying  less- severe  penalties,  they  are  substi- 
tuted for  the  stronger  charge. 

Peovisio^vs  of  xhe  Laavs. 

Sections  2010-2012  of  the  Penal  Law  relating  to  rape,  provide  that 
a jDerson  Avho  perpetrates  an  act  of  sexual  intercourse  with  a female  not 
his  Avife,  against  her  AAdll  or  without  her  consent,  is  guilt}-  of  rape  in 
the  first  degree,  and  is  ptmishable  by  imprisonment  for  not  more  than 
twenty  years ; a person  who  perpetrates  such  an  act  upon  a female,  not 
his  Avife,  under  the  age  of  eighteen,  under  circumstances  not  amounting 
to  rape  in  the  first  degree,  is  guilty  of  rape  in  the  second  degree  and  is 
punishable  with  imprisonment  for  not  more  than  ten  years.  Xo  con- 
viction for  this  crime  can  be  had  against  one  imder  the  age  of  four- 
teen, unless  ph3’sical  abilit}'  is  proved  as  a separate  fact.’- 

The  Kidnapping  LaAv  provides  that  a person  AA-ho  wilfully  seizes, 
confines,  inveigles  or  kidnaps  another,  to  be  secretly  confined  or  sold 
as  a slave,  or  leads,  entices  or  detains  a child  trader  the  age  of  sixteen, 
is  g-uilty  of  Iridnapping  and  is  punishable  by  imprisonment  for  not 
less  than  five  years  nor  more  than  fifty  years.- 

The  Abduction  Latv  provides  that  a person  who  takes,  or  receives 
a female  under  the  age  of  eighteen  years  for  the  purpose  of  prostitu- 
tion, or,  not  being  her  husband,  for  the  ptu-pose  of  sexual  intercourse ; 
or  inveigles  an  unmarried  female  of  jtrevious  chaste  character  into  a' 


^ Appendix  XXA'I. 
- Appendix  XXA'II. 


Children 


121 


house  of  ill-fame,  assignation  or  elsewhere  for  this  purpose;  or  takes 
or  detains  a female  unlawfully  against  her  will  to  marry  him  or  to 
marry  any  other  person  or  to  be  defiled;  or  having  legal  charge  of 
such  female  consents  to  her  being  taken  or  detained  for  this  purpose, 
is  guilty  of  abduction,  and  punishable  by  imprisonment  for  not  more 
than  ten  years,  or  by  a fine  of  not  more  than  one  thousand  dollars,  or 
both.  ISTo  conviction  can  be  had  on  unsupported  testimony.’^ 

Conditions  Preceding  the  Passage  of  the  Laws. 

Probably  the  most  active  agent  in  securing  the  passage  of  the  laws 
in  New  York  State  affecting  the  welfare  of  girls  between  the  ages  of 
16  and  18  is  the  New  York  Society  for  the  Prevention  of  Cruelty  to 
Children.  Tn  1877  the  prevalence  of  crimes  against  children  attracted 
the  attention  of  a group  of  men  who  were  interested  in  social  welfare, 
and  it  was  found  that  there  Avere  no  laws  adequate  to  meet  the  situa- 
tion. Since  that  time,  the  laws,  especially  those  relating  to  rape  and 
abduction,  have  been  constantly  amended.  At  first  the  age  of  consent 
was  placed  at  13  years,  then  it  was  advanced  to  14  and  afteiuvards  to 
1 6 years.  These  amendments  and  changes  were  obtained  through  the 
efforts  of  the  New  A'ork  Society  for  the  Prevention  of ' Cruelty  to 
Children.  Later  on,  the  AVliite  Cross  and  Social  Purity  League  for- 
mulated an  amendment  to  the  law,  making  the  age  of  consent  18 
•years.  While  the  sponsors  for  the  previous  amendments  did  not  favor 
the  new  law,  they  did  not  oppose  it,  and  it  became  a law. 

Prevailing  Conditions. 

Records  of  Kidnapping. — From  January  1,  1906,  to  June  30th, 
there  were  434  cases  disposed  of  by  the  Court  of  General  Sessions  and 
Grand  Jury.  Of  this  number,  92,  or  21.2  per  cent.,  were  convicted; 
38,  or  8.7  per  cent.,  ivere  acquitted;  172,  or  39.6  per  cent.,  Avere  dis- 
charged by  the  court;  108,  or  24.9  per  cent.,  Avere  discharged  by  the 
Grand  Jury;  12,  or  2.8  per  cent.,  Avere  discharged  on  bail;  3,  or  .8  per 
cent.,  were  bail  forfeitures;  in  1,  or  .2  per  cent.,  the  indictment  was 
dismissed;  1,  or  .2  per  cent.,  Avas  sentenced  on  another  indictment, 
and  in  7,  or  1.6  per  cent.,  sentence  Avas  suspended." 

The  cases  tried  from  January  1,  1909,  to  June  30th,  1909,  illustrate 
the  nature  of  the  sentences  imposed  and  tire  circumstances.  Of  the  15 
persons  sentenced  either  to  prison  or  to  the  Elmira  EeformatorAq  12 
entered  the  plea  of  gnilty,  but  only  one  Avas  convicted  on  the  charge 
of  rape  in  the  first  degree.  This  Avas  a flagrant  case  and  the  evidence 


^Appendix  XXAHTI. 
= Table  XXXI 1 1. 


122 


The  Social  Evil  ix  New  York  City 


was  conclusive,  and  he  was  sentenced  to  not  less  than  15  nor  more 
than  20  years  in  prison.  The  other  charges  were  for  rape  in  the 
second  degree,  assault  or  both  assault  and  abduction.  The  shortest 
prison  sentence  was  1 year  and  2 months,  nor  more  than  3 years  and 
2 months.  All  of  the  seven  whose  sentences  were  suspended  pleaded 
guilty  to  the  charge.  The  ages  of  the  girls  ranged  from  7 to  17,  and 
they  were  school  girls  or  household  or  factory  employees  where  the 
character  of  the  occupation  was  stated.  The  nationalities  of  the  men 
were  predominately  American,  Italian  and  Eussian.’- 

Records  of  Kidnapping. — From  January  1,  1906,  to  June  30th, 
1909,  there  have  been  only  14  eases  on  this  charge  disposed  of  by  the 
Court  of  General  Sessions  and  Grand  Jury.  Of  these  4,  or  28.5  per 
cent.,  were  convicted;  1,  or  7.1  per  cent.,  was  acquitted;  and  6,  or  42.8 
per  cent.,  were  discharged  by  the  Grand  Jury.  None  of  these  cases  was 
disposed  of  during  the  first  6 months  of  1909.^ 

Records  of  Abduction. — From  January  1,  1906,  to  June  30, 
1909,  141  cases  were  disposed  of  by  the  Court  of  General  Sessions 
and  Grand  Jury.  Of  this  number,  48,  or  34  per  cent.,  were  con- 
victed; 5,  or  3.6  per  cent.,  were  acquitted;  43,  or  30.7  per  cent.,  were 
discharged  by  the  Court;  41,  or  29.1  per  cent.,  Avere  discharged  by  the 
Grand  Jury;  2,  or  1.4  per  cent.,  were  discharged  on  bail;  1,  or  .7  per 
cent.,  was  a bail  forfeiture  and  in  one  case  no  disposition  was  given.® 

Of  the  22  cases  tried  from  January  1,  1909,  to  June  30  1909.' 
7 Avere  convicted.  The  longest  prison  sentence  imposed  was  for  6 
nor  more  than  9 years ; the  shortest  was  for  2 years  and  3 months  nor 
more  than  3 years  and  3 months.  Of  the  seven  cases  in  1909,  in  which 
the  facts  were  given,  the  ages  of  the  abductors  ranged  from  18  to  31, 
all  young  men;  3 were  Americans,  2 Italians,  1 Chinese  and  1 Irish.* 

Prevailing  Condition's. 

It  Avas  not  possible  for  the  Research  Committee  to  ascertain  the 
proportion  of  these  convictions  to  the  nrmiber  of  crimes  committed.  In 
the  investigation  of  the  ‘^^cadets’’  it  was  learned  that  force  and  drugs 
are  resorted  to  in  order  to  induce  women  to  enter  into  prostitution  and 
that  “Eaines  Law”  hotels  are  the  scenes  of  such  acts.  A study  was 
therefore  made  of  the  evidence  in  some  of  the  rape  and  abduction  cases 
to  ascertain  if  the  men  prosecuted  were  “cadets"'  and  if  these  Laa's 
were  being  used  against  men  interested  in  the  business  of  prostitution. 

In  the  majority  of  cases  the  evidence  showed  that  the  crime  was 

’ Table  XXXIV. 

= Table  XXXA’. 

= Table  XXXVI. 

^ Table  XXXVII. 


Children 


123 


committed  as  a result  of  uncontrolled  passion,  and  not  with  the  de- 
liberate intent  to  have  the  woman  become  a prostitute.  The  accused 
as  a rule  were  ignorant,  or  abnormal  in  their  vicious  tendencies.  In 
a few  instances  it  was  clear  that  the  offenders  had  deliberately  en- 
ticed young  women  from  the  neighborhood  into  their  flats  or  rooms 
and  induced  them  to  receive  the  attentions  of  men  for  a money  con- 
sideration. The  following  cases  are  illustrations: 

The  victims  were  two  girls  15  years  of  age.  The  defendant,  a woman, 
induced  the  girls  to  come  to  her  apartment,  where  she  said  somebod}^  wished 
to  see  them.  When  they  came  she  sent  for  men  to  come  in,  telling  them  that 
these  men  would  give  them  money  which  they  must  divide  with  her.  On 
one  occasion  one  of  them  was  told  by  the  woman  that  the  man  was  the  land- 
lord and  if  she  yielded  he  would  give  her  money  and  would  also  cancel 
the  debt  she  owed  for  rent.  The  man  was  brought  in  by  the  janitor  of  the 
tenement.  He  usually  gave  the  girls  from  35  to  50  cents.  One  of  the  other 
patrons  of  the  place  once  compelled  a little  girl  at  the  point  of  a revolver. 

A young  woman  was  spending  the  evening  in  a Harlem  concert  hall, 
when  the  proprietor  introduced  her  to  a “racetrack  man.”  The  girl  said  that 
her  drinks  had  been  drugged  and  that  she  did  not  know  how  she  came  to  be 
in  a bedroom  connected  with  the  concert  hall  with  the  man.  The  proprietor 
gave  her  $50  to  keep  quiet  about  the  matter.  She  is  now  a professional 
prostitute. 

'While  there  is  undoubtedly  much  crime  committed  which  falls 
within  the  province  of  these  laws,  it  is  also  true  that  s'ome  of  the 
young  women  are  willing  to  be  “abducted”  and  prosecutions  are 
fewer  for  this  reason.  One  probation  officer  says : 

“The  low  moral  standard  of  young  girls  living  in  the  tenements  of  this 
city  is  absolutely  appalling.  The  girls  under  my  charge  and  those  I meet  do 
not  seem  to  have  the  slightest  feeling  of  shame  or  humiliation  when  the 
secrets  of  their  relations  with  the  boys  and  men  are  brought  to  light.” 

This  is  further  shown  by  their  attitude  in  court.  On  one  occasion  a 
group  of  young  street  walkers  were  brought  in  to  the  Night  Court.  While 
waiting  to  appear  before  the  magistrate  they  laughed  and  winked  at  some 
of  the  men  who  stood  near.  When  discharged  with  a reprimand  and  a 
caution  to  go  to  work,  they  smilingly  left  the  court  room.  The  majority 
of  the  sixteen  girls  in  the  group  appeared  to  be  very  young. 

Enforcement  of  the  Laws. 

This  enforcement  of  the  laws  is  vested  in  the  New  York  Society 
for  the  Prevention  of  Cruelty  to  Children  and  in  the  District  At- 
torney. Since  the  amendment  went  into  effect  making  the  age  of  con- 
sent 18  years,  there  have  been  few  successful  prosecutions.  The  laws 
are  practically  inoperative  so  far  as  the  age  clause  is  concerned.  The 
reason  given  is  that  juries  are  unwilling  to  believe  that  rape  is  com- 
mitted upon  a girl  of  18  years  of  age  in  full  possession  of  her  facilities, 
unless  she  is  unconscious  or  under  the  influence  of  drugs,  and  unless  it 
can  be  shown  beyond  any  doubt  that  she  was  forced,  the  case  will  not 
stand.  More  convictions,  therefore,  have  been  obtained  under  the 
16  year  limit. 


124 


The  Social  Evil  in  New  York  City 


When  cases  are  taken  np  immediately  and  there  is  some  individual 
or  association  interested  on  behalf  of  the  girl,  it  has  been  shown  that 
the  age  limit  of  18  years  acts  as  no  barrier.  In  November,  such  a 
decision  was  obtained,  but  much  of  the  evidence  was  obtained  through 
the  intervention  of  an  outside  agency.  Every  effort  possible  is  made 
to  defeat  the  law.  In  a case  brought  to  the  attention  of  the  Eesearch 
Committee,  the  case  was  dismissed  because  the  girl  who  was  the  com- 
plaining witness  was  locked  np  in  a cell  with  the  defendant.  The 
girl  was  threatened  and  told  that  she  w^ould  be  sent  to  Bedford  if 
she  told  the  truth,  and  she  told  a different  stor^-  on  the  witness  stand. 

Under  these  circumstances  the  papers  in  rape  and  abduction  cases 
must  be  very  carefully  drawn  in  order  to  secure  convictions.  Usually 
three  separate  charges  are  prepared,  one  of  rape  in  the  first  degree,  one 
of  rape  in  the  second  degTee,  including  assault,’^  and  one  of  impairing 
the  morals  of  a child.  After  a consultation  with  the  judge,  the 
charge  that  is  most  likely  to  result  in  conviction  upon  the  evidence 
obtainable  is  pressed  at  the  trial. 

The  charge  of  rape  in  the  first  degree  is  seldom  entered  because 
of  the  severe  penalty  attached  and  the  difficulty  of  securing  the 
evidence  required  under  the  law.  The  evidence  usually  required  is 
that  of  a physician  or  eye-witness  and  the  date  must  be  set  forth. 
It  is  stated  that  judges  are  unwilling  to  send  a man,  especially  a young 
man,  to  prison  for  a term  of  20  years  upon  the  testimony  of  a girl  of 
15  or  16  years  of  age.  They  hold  that  there  are  many  street  walkers 
of  that  age  in  New  York  City  and  unless  the  corroborative  evidence  is 
of  the  strongest  character  they  charge  the  jury  favoring  acquittal. 
It  is  asserted  that  tliis  attitude  is  liased  on  the  loose  way  in  wliich 
the  present  laiv  relating  to  rape  is  drawn,  since  the  whole  effect  of  the 
law^  is  weakened  by  the  omission  of  the  words  “of  previous  chaste 
character.’’  One  judge  of  General  Sessions  asserted  emphatically  that 
he  would  not  give  any  man  the  full  penalU  under  the  present  law,  so 
long  as  he  was  on  the  bench. 

Even  convictions  on  the  charge  of  rape  in  the  second  degree  and 
abduction,  which  carry  a penalt}-  of  10  years  or  less  in  prison,  are 
rare  because  of  the  nature  of  the  evidence  required.  Therefore  the 
cases  where  the  evidence  is  not  of  the  strongest  are  brought  in  Special 
Sessions  on  the  charge  of  impairing  the  morals  of  a child,  wliich 
act  is  a misdemeanor.  This  law  is  therefore  the  one  most  frequently 
used,  and  results  in  some  coimctions.  Greater  latitude  is  allowed 
in  the  evidence  required.  The  act  may  have  been  committed  within 


1 Appendix  XXXIV. 


Children 


125 


a reasonable  period,  and  the  mere  fact  of  finding  a vicious  man  with 
a young  girl  under  compromising  circumstances  is  in  some  instances 
sufficient  to  secure  a conviction  for  a year  or  two  in  prisond 

These  laws,  while  unquestionably  protecting  children  in  some 
measure,  are  apparently  not  much  used  against  men  whose  business 
it  is  to  exploit  women. 

LABOE  LAWS. 

There  is  a second  group  of  laws  which  protect  the  child  from  vice 
with  which  he  may  come  into  contact  through  his  employment,  and  a 
law  wMch  gives  him  a separate  court,  so  that  he  may  not  be  thrown 
indiscriminately  with  adult  criminals.^  In  this  group  of  laws  are  in- 
cluded Endangering  Life  and  Health  of  Child,  Messenger  Boys, 
Hours  of  Labor,  and  Labor  in  Mercantile  Establishments. 

Endangering  of  the  Life  and  Health  of  the  Child. — Section  483 
of  the  Penal  Law,  which  regulates  both  employment  and  morals, 
provides  that  any  person  who  wilfully  causes  or  permits  the  life  of 
any  child  actually  or  apparently  under  the  age  of  sixteen  to  be  en- 
dangered, or  its  health  to  be  injured  or  its  morals  depraved,  or  who 
wilfully  permits  such  a child  to  engage  in  an  occupatiqn  in  which 
its  health  is  likely  to  be  injured  or  its  morals  impaired  is  guilty  of 
a misdemeanor.®  As  has  been  shown,  this  provision  is  used  in  crimes 
against  young  girls  when  convictions  are  believed  to  be  impossible 
under  the  more  drastic  provisions  relating  to  rape,  abduction,  kid- 
napping, etc. 

Section  484  of  the  Penal  Law,  as  amended  in  1909,  prohibits  any 
person  from  admitting  or  allowing  any  child  under  the  age  of  16  to 
remain  in  any  dance  house,  concert  saloon,  moving  picture  perform- 
ance, or  in  any  place  where  wines  and  liquors  are  sold  or  given  away, 
or  in  any  place  of  entertainment  injurious  to  health  or  morals,  unless 
accompanied  by  parent  or  guardian.  Any  child  found  in  such  places 
or  in  the  company  of  reputed  thieves  or  prostitutes  may  be  sent  to  a 
charitable  reformatory  or  other  institution.® 

It  was  not  possible  to  obtain  from  the  Society  for  the  Prevention 
of  Cruelty  to  Children  the  records  showing  the  extent  to  which  this 
law  is  enforced  and  to  what  extent  it  acts  as  a.  preventive.  It  has 
great  potentialities  for  the  protection  of  children.  The  investigation  of 
dance  halls  shows  that  numbers  of  young  girls  within  the  age  limit 
of  the  law  frequent  them  and  summer  resorts  and  might  well 
come  under  the  terms  of  the  law. 

1 Appendix  XXX. 

- Appendix  XXTX. 

® Appendix  XXX. 


126  The  Social  Evil  in  New  York  City 

Minors. — Section  161  of  the  Labor  Law  provides  tliat  no 
child  under  the  age  of  16  shall  be  employed  in  connection  with  any 
mercantile  establishment,  business  office  or  telegraph  office,  restaurant, 
hotel  or  apartment  house,  or  in  the  distribution  or  tramsmission  of 
Hierchandise  for  more  than  fifty-four  hours  in  anj-  one  week  or  more 
than  nine  hours  in  any  one  day,  or  liefore  seven  o’cock  in  the  morning 
or  after  ten  o’clock  in  the  evening  of  any  one  day.  In  cities  of 
the  first  class  no  such  child  may  work  after  seven  o’clock  in  the  even- 
ing. Any  person  violating  this  law  is  guilty  of  a misdemeanor,  and 
upon  conviction  .shall  be  punished  for  a first  offense  b}'  a fine  of  not 
less  than  twenty  nor  more  than  fifty  dollars;  and  for  the  second 
offense  by  a fine  of  not  less  than  fifty  nor  more  than  two  hundred 
dollars  or  by  imprisonment  for  not  more  than  thirL^  days,  or  both ; 
and  for  the  tliircl  offense  by  a fine  of  not  more  than  two  hundred  and 
fifty  dollars  or  by  imprisonment  for  not  more  than  sixty  days,  or 
both.’  Without  this  law,  late  hours,  being  on  the  street  at  undesirable 
hours,  and  associating  with  undesirable  persons  might  be  attributed 
to  the  necessity  and  conditions  for  work.  It  unfortunately  is  limited 
to  certain  occupations. 

Messenger  Boys. — Sections  488  and  490  of  the  Penal  Law  is  aimed 
directly  at  one  of  the  greatest  dangers.  Section  488  provides  that 
any  corporation  or  person  employing  messenger  bo^'s  who  knowingly 
places  or  permits  to  remain  in  a disorderly  house  or  unlicensed  place 
where  malt  or  spirituous  liquors  are  sold,  any  instrument  or  device 
by  which  communication  may  be  had  between  such  disorderly  place 
and  any  office  or  place  of  business  of  such  corporation  or  person 
is  guilty  of  a misdemeanor.  Section  490  provides  that  any  corpora- 
tion or  person  which  employs  messenger  boys  who  knowingh’’  sends 
or  permits  any  person  to  send  messenger  boys  to  a disorderly  house  or 
unlicensed  place  A^’here  liquor  is  sold,  on  any  errand  or  business  what- 
soever, excejit  to  deliver  telegrams  at  the  door  of  such  a house, 
is  guilty  of  a misdemeanor  and  incurs  a penalty  of  fifty  dollars,  to  lie 
recovered  by  the  District  Attorney. - 

Conditions  Preceding  the  Passage  of  the  Labor  Law. 

In  referring  to  the  conditions  previous  to  the  passage  of  the  present 
labor  lawq  the  New  York  Child  I>abor  Committee  stated  that  it  had 
found  it  impossible  to  enforce  the  provisions  of  Section  488  of  the 
Penal  Law  relating  to  messenger  boys,  and  that  the  law  was  prac- 
tically a dead  letter. 


' Appendices  XXXII,  XXXII  A. 
^ Appendix  XXXI 


Children 


127 


The  result  of  an  investigation  conducted  by  the  New  York  Child 
Labor  Committee  in  1902-1903  showed  that  messenger  boys  were 
at  the  beck  and  call  of  the  women  in  disorderly  houses.  While 
waiting  to  receive  messages  or  to  have  them  signed,  they  were  com- 
pelled to  witness  scenes  of  the  most  abandoned  licentiousnesB. 
Occasionally,  they  were  urged,  even  forced,  to  join  in  the  drinking. 
These  conditions  prevailed  especially  in  the  “Tenderloin,”  where 
the  tips  were  larger  and  the  opportunity  to  overcharge  on  messages 
was  more  frequent.  When  sent  out  to  buy  wine,  champagne  or 
whiskey  the  boys  learned  of  places  where  they  could  buy  a pint  of 
Mumm’s  champagne  for  one  dollar  and  forty  cents,  for  which  they 
charged  the  woman  who  sent  them  S2,  the  market  price,  or  where 
they  could  buy  a quart  bottle  for  $2.70,  which  commonly  sold  for 
$4.' 

The  report  further  stated  that  the  service  is  surrounded  with 
temptations  which  no  boy  of  from  twelve  to  eighteen  years  of  age 
should  be  permitted  to  face,  and  that  it  was  practically  impossible 
for  a young  boy,  be  his  character  ever  so  good,  to  remain  in  the 
messenger  service  for  any  length  of  time  without  loss  of  honesty 
and  morality.  ' 

At  this  time  it  was  quite  well  known  that  the  telegraph  companies 
preferred  boys  of  fourteen  years  or  over.  According  to  the  rules 
of  these  companies  the  boys  must  be  at  least  fourteen  years  of  age, 
live  at  home  and  be  able  to  read  and  write.  The  boys  did  not  bring 
any  proof  that  they  were  fourteen,  the  mere  statement  being  suffi- 
cient. During  the  study  made  by  the  Child  Labor  Committee  the 
investigators  talked  to  twenty-six  boys  in  one  day  who  were  ap- 
parently under  fourteen  years  of  age,  but  every  one  declared  he 
was  fourteen.  The  school  records  of  these  boys  were  examined 
and  it  was  found  that  twenty  out  of  the  twenty-six  were  thirteen 
or  under.  In  commenting  upon  this  discovery,  the  report  said : 

“It  is  impossible  to  determine  the  average  age,  but  the  present  investiga- 
tion has  made  it  clear  that  there  are  hundreds  of  little  fellows  of  I2  and 
13  and  even  younger,  in  the  service  of  the  two  companies  in  New  York  City.” 

Prevailing  Conditions. 

Records. — The  annual  reports  of  the  District  Attorney’s  office  for 
1906,  1907  and  1908  (which  were  the  only  ones  available)  do  not  show 
any  prosecutions  under  the  law.  Aq  official  connected  with  the 
“Bureau  of  Special  Sessions  Information”  says,  in  the  years  he  had 
been  connected  with  that  department,  he  remembers  but  one  instance 

1 Child  Labor : Factories  and  Stores,  page  21,  issued  by  The  Child  Labor 
Committee. 


128 


The  Social  Evil  in  New  York  City 


of  the  prosecution  of  a telegraph  company  for  sending  messenger 
boys  to  houses  of  ill-fame,  and  none  on  the  charge  of  permitting  a 
telephone  or  other  device  in  such  places. 

Field  Study. — The  National  Child  Labor  Committee  is  making  a 
study  of  this  matter  in  the  different  cities.  The  data  regarding  con- 
ditions in  New  York  City,  so  far  as  they  are  available,  show  that 
older  boys  are  now  being  employed  as  messengers,  the  majority  being 
about  seventeen  years  of  age.  Their  earnings  are  very  uncertain,  as 
they  are  usually  paid  by  the  number  of  messages  delivered.  This 
system  makes  the  boys  eager  to  deliver  as  many  messages  as  possible. 
A superintendent  of  a home  for  boys  said  that  the  messenger  boys  in 
his  home  frequently  discussed  among  themselves  the  number  of 
messages  they  deliver  to  “sporting  houses”  and  the  tips  the}'  receive 
at  such  places,  amounting  from  25  to  50  cents.  This  work  is  done 
chiefly  between  9 and  11  p.  m.  The  work  is  demoralizing  and  some  of 
the  boys  gradually  drift  into  stealing  or  acting  as  “steerers”  for  men 
who  are  looking  for  houses  of  prostitution.  One  boy  in  particular  who 
had  learned  the  addresses  of  a number  of  such  houses  while  working 
as  a messenger  finally  became  a regular  “steerer.”  One  night  he 
was  arrested  by  two  detectives  who  had  engaged  him  to  take  them 
to  a cUsordeiiy  house.  The  boy  confessed  that  he  had  been  in  the 
habit  of  earning  from  $1.00  to  $1.50  a night  in  this  business. 

The  conditions  complained  of  before  the  passage  of  the  law  are 
worse  rather  than  better.  A large  part  of  the  work  of  messenger  boys 
is  not  delivering  telegrams,  but  the  investigators  found  that  the  boys 
carried  notes,  bought  drinks,  were  emploj'ed  as  waiters  and  acted  as 
guides  to  men  seeldng  disorderly  houses.  They  are  also  used  to  buy 
opium  and  other  drugs,  as  druggists  often  will  not  sell  except  to 
messengers  in  uniform  or  to  personal  friends.  The  messenger  bov 
is  a privileged  character;  his  uniform  acts  as  a passport  to  places 
where  other  boys  would  not  be  permitted  by  the  police  to  go.  He  is 
in  the  midst  of  constant  temptations  unrelieved  by  a single  restraint. 
The  pay  of  these  hoys  is  $5  or  $6  a week  and  they  are  willing 
to  perform  all  kinds  of  services  to  supplement  their  wages.  Their 
relationship  to  the  women  in  these  houses  is  frequently  of  an  immoral 
nature  and  they  are  sometimes  victims  of  diseases  and  vicious  habits 
contracted  in  these  houses.  They  are  subjected  to  these  temptations 
during  the  period  of  adolescence  when  they  are  least  able  to  resist 
them.  The  telegram  or  message  being  considered  confidential,  no 
complaints  are  made  by  them  to  the  office  and  the  managers  do  not 
inquire. 

The  investigations  of  the  National  Child  Labor  Committee  in 


Children 


129 


New  York  City  above  summarized,  were  made  in  1909  and  show  one 
of  the  most  dangerous  and  insidious  influences  in  the  whole  range  of 
the  social  evil. 

Enforcement  op  the  Laws. 

The  law  relating  to  the  labor  of  minors  is  enforced,  and  so  far  as 
is  applies  is  effective. 

The  law  relating  to  messenger  boys  is  not  enforced.  The  pro- 
vision pi’ohibiting  telephone  connections  is  a dead  letter.  Practically 
all  of  the  disorderly  houses,  “Raines  Law”  hotels, massage  parlors, 
etc.,  visited  by  investigators  of  the  Research  Committee  had  tele- 
phones. Some  of  these  places  were  carried  on  the  police  blotters. 
Against  others  there  are  records  of  prosecutions.  One  class  of  dis- 
orderly places  could  not  exist  without  the  telephone.  This  is  the  “ call 
house.”  These  are  located  in  tenements  and  apartments  in  different 
parts  of  the  city.  As  previously  described,^  men  visit  such  rooms  and 
the  “madam,”  who  usually  lives  alone,  telephones  out  for  women  to 
come  in  and  meet  the  men.  Out  of  423  separate  addresses  of  such 
places  which  were  seized  in  a raid  early  in  1909,  209  telephone  num- 
bers accompanied  the  names  and  street  numbers.  In  some  instances 
the  addresses  of  massage  parlors  are  not  given  in  their  advertisements, 
but  merely  the  telephone  numbers. 

The  section  prohibiting  messenger  boys  from  entering  the  house  is 
not  enforced.  Instead  of  leaving  the  message  at  the  door,  they  not 
only  go  inside,  but  run  errands,  drink  and  associate  with  the  men  and 
women  whom  they  are  willing  to  serve  for  the  tips. 

Causes  of  Non-Enforcement  of  Laws. 

The  provisions  of  the  laws  appear  to  be  adequate.  The  chief 
difficulty  seems  to  be  that  the  companies  do  not  comply  with  the  law 
and  are  unaware  or  indifferent  to  what  may  happen  to  their  em- 
ployees at  these  houses.  The  obtaining  of  evidence  requires  that 
some  person  or  society  interested  in  children  must  not  only  ascertain 
that  boys  go  to  these  houses,  but  that  these  places  are  in  reality  dis- 
orderly. The  testimony  of  the  boys  in  many  instances  might  be  suf- 
ficient if  they  would  give  it. 

Summary. 

Messenger  boys,  who  in  their  employment  are  compelled  to  go  to 
these  houses,  are  given  no  adequate  protection,  although  the  respon- 
sibility for  the  enforcement  of  the  laws  is  invested  in  a children’s 
society.  The  Child  Labor  Committee  has  now  taken  up  this  matter, 
has  submitted  bills  to  the  legislature,  and  some  measure  of  enforce- 
ment and  further  protection  may  be  hoped  for. 


1 Page  10. 


INDUSTRIAL  CONDITIONS. 


EMPLOYMENT  AGENCY  LAW. 

In  addition  to  the  laws  protecting  children  in  employment,  there 
is  one  general  industrial  law  which  protects  women  who  patronize 
employment  agencies  in  cities  of  the  first  and  second  class.  This  is 
the  only  law  found  which  specifically  provides  against  the  use  of  em- 
plojunent  or  unemployment  as  an  inducement  to  a life  of  prostitution. 

Provisions  of  the  Law. 

In  1904,  an  employment  agency  law  was  passed  applicable  to  cities 
of  the  first  and  second  class,  which  provided  that  no  woman  should 
be  sent  as  servant  or  inmate  to  anj^  disorderly  house  or  place  of 
amusement  kept  for  immoral  purposes,  bj^  a licensed  emplojunent 
agent,  and  that  all  emplo}'ment  agents  should  be  licensed  and  be 
persons  of  good  moral  character.  Agents  were  also  prohibited  from 
knowingly  permitting  any  persons  of  bad  character,  prostitutes, 
gamblers,  intoxicated  persons  or  procurers  from  frequenting  their 
agencies. 

In  1906,  the  application  of  this  law  was  limited  to  cities  of  the 
second  class,  and  the  same  law  was  made  applicable  to  cities  of  the 
first  class,  with  a number  of  amendments,  among  which  those  of 
interest  in  tliis  study  are  the  following:  The  clause  prohibiting  the 
sending  of  a woman  to  disorderly  places  was  strengthened  by  adding 
the  words  to  enter  in  order  that  women  need  not  necessarily  incur 
the  risk  of  actually  entering  such  places  before  the  agent  is  prosecuted. 
Agents  and  their  employees  are  also  prohibited  from  having  sexual 
intercourse  with  applicants  for  emplowuent.  Violation  of  these 
provisions  constitutes  a misdemeanor  punishable  by  a fine  of  not  less 
than  $50  nor  more  than  $250  or  imprisonment  for  not  more  than 
one  year,  or  both.^ 

Conditions  Preceding  the  Passage  of  the  Law. 

Up  to  1904  a law  was  in  operation  in  cities  of  the  first  class 
known  as  the  Intelligence  Office  Law,  and  was  enforced  in  New 


” Appendix  XXXIII. 


Industrial  Conditions 


131 


York  City  by  the  Bureau  of  Licenses.  Its  provisions  dealt  largely - 
with  fees.  It  was  known  in  1902  that  employment  agencies  were 
acting  as  procurers  for  disorderly  houses,  and  the  matter  was  first 
taken  up  by  Mr.  James  B.  Rejmolds,  then  secretary  to  Mayor  Low,  and 
in  charge  of  the  Bureau  of  Licenses,  and  an  investigation  was  made 
of  practically  every  agency  in  the  city  through  the  co-operation  of 
the  Woman’s  Municipal  League  and  tlie  College  Settlements  Associa- 
tion. The  investigation  showed  among  other  things  in  connection 
ivith  the  subject  of  the  social  evil,  that  about  75  per  cent,  of  the 
agencies  were  not  averse  to  sending  women  to  disorderly  places  to 
li'ork,  either  knowingly  or  carelessty,  and  that  from  40  to  60  per 
cent,  sent  them  as  inmates,  obtaining  their  consent  when  possible.^ 
The  “runner”  system  was  generally  used,  owing  to  the  many  im- 
migrants ignorant  of  localities  in  New  York,  and  these  men  conducted 
women  to  places  of  employment  both  ivithin  and  without  the  city,  of 
which  the  women  had  no  knowledge,  so  that  if  a woman  placed  in  a 
disreputable  place  escaped,  she  frequently  could  not  again  locate  the 
house,  as  she  had  never  known  the  street  or  number.  Agencies  at  that 
time  were  often  conducted  in  the  rear  of  and  over  saloons.  Lodging 
houses,  some  of  which  were  questionable,  were  conducted  by  the 
agents,  and  alluring  advertisements  were  used  to  bring  unemployed 
women  to  the  agencies.  In  general,  it  was  found  that  a number  of 
agencies  were  used  as  markets  for  selling  girls  for  prices  varying 
from  $3  to  $50,  or  as  procuring  places  where  immoral  women  and 
men  came  and  selected  their  victims. 

At  this  time  the  abduction  and  kidnapping  laws  were  applicable 
in  cases  of  minors,  but  charges  of  this  nature  were  very  difficult  to 
]irove.  The  adult  woman,  un6mplo3red,  frequently  homeless,  with 
little  money,  had  no  protection  whatever  where  the  employment  agent 
was  responsible  for  placing  her  in  moral  jeopardy  or  for  starting  her 
on  a career  of  prostitution. 

The  disclosure  of  these  conditions  led  to  the  co-operation  of  a 
number  of  civic  organizations  and  the  Legislative  Committee  of  the 
Woman’s  Mimicipal  League  introduced  and  had  passed  the  employ- 
ment agency  laws  of  1904  and  1906,  which  created  in  cities  of  the  first 
class,  a comanissioner  of  licenses,  charged  with  the  special  duty  of 
enforcing  the  provisions  of  the  law.  An  appropriation  in  New  York 
City  was  made  by  the  Board  of  Estimate  and  Apportionment,  and 
there  is  now  a Department  of  Licenses  with  a staff  of  some  20  in- 
spectors, charged  with  the  enforcement  of  this  law. 


1 Out  of  Work,  F.  A.  Kellor,  p.  78. 


132 


The  Social  Evil  in  New  York  City 


Prevailing  Conditions. 

Upon  the  questions  of  sanitation,  fees,  better  conditions  in  the 
waiting  rooms  of  agencies,  removal  from  buildings  in  which  liquor 
is  sold,  etc.,  with  which  conditions  this  study  is  not  particularly  con- 
cerned, great  improvements  have  undoubtedly  resulted.  The  con- 
ditions with  respect  to  moraliU  have  also  improved,  though  as  to 
how  far  this  is  true  among  agencies  furnishing  domestic  workers, 
especially  immigrants  and  negroes,  who  are  more  safely  exploited 
because  of  their  ignorance  of  the  city,  there  is  considerable  differ- 
ence of  opinion. 

From  the  published  re^aorts  of  the  Commissioner  of  Licenses,  it 
would  appear  that  the  evil  had  been  eradicated  and  that  those  in 
search  of  positions  are  adequately  protected.  The  report  for  May, 

1906- 1907,  states  that  20  licenses  have  been  revoked  for  sending 
girls  to  disorderly  places  and  that  since  then  the  agencies  have  been 
free  from  this  evil;  and  that  the  negro  agencies  which  made  a busi- 
ness of  sending  girls  to  disorderly  places  have  discontinued  thepractice. 

The  published  report  of  the  Commissioner  of  Licenses  from  ^lay, 

1907- 8,  says: 

“Prior  to  the  enactment  of  the  present  employment  agency  law  it  was  a 
common  practice  on  the  East  Side  for  employment  agencies  to  send  girls,  es- 
pecially immigrant  girls,  to  disorderly  houses  either  as  immates  or  serr'ants. 
But  whatever  the  practice  may  have  been  it  no  longer  exists.  During  this 
time,  however,  it  came  to  the  attention  of  the  Commissioner  that  disorderly 
houses  in  Pittsburg  were  being  supplied  with  girls  through  Xew  York  em- 
ployment agencies.  A special  investigator  wa.s  sent  to  Pittsburg  and  two 
girls  were  found  there  who  were  being  held  a.s  captives.  They  admitted 
that  th»y  had  been  sent  to  Pittsburg  by  a New  York  epmloyment  agency, 
but  believed  they  were  going  to  fill  situations  as  servants.  They  could  not 
speak  English.  Both  girls  were  brought  to  New  York  and  identified  the 
agency  from  which  they  had  been  sent.  But  they  could  not  identify  the 
person  who  sent  them  and  therefore  no  criminal  prosecution  could  be  brought 
against  the  proprietor  of  the  agency.*  The  license  was  revoked,  however,  and 
this  particular  agent  put  out  of  business.  This  agent  then  obtained  employ- 
ment with  another  oflice  and  the  Commissioner  notified  the  latter  that  his 
license  would  not  be  renew'ed  for  the  license  year  just  beginning." 

“It  has  been  found  necessare^  in  the  interest  of  the  proper  regulation  of 
employment  agencies  that  when  a person  is  found  unfit  to  conduct  an  office 
of  his  own,  he  must  not  work  for  or  attempt  to  manage  the  office  of  any 
other  agent.  Only  by  such  stringent  measures  can  the  employment  agencies, 
especially  those  on  the  East  Side  of  the  citj-.  be  kept  clean.  Only  a few 
agents  were  found  to  ha\e  sent  girls  to  disorderly  houses  in  the  city  during 
the  tw^elve  months  covered  by  tlte  report  (May  i.  tooy,  to  iMay  i.  1908),  and 
these  girls  were  sent  as  servants.  In  spite  of  this,  the  licenses  of  such 
agencies  were  cancelled.  Disorderly  houses  no  longer  attempt  to  get  their 
servants  through  emplojanent  agencies.” 

The  Research  Committee  found  it  unnecessary  to  make  an 
investigation  of  prevailing  conditions  because  of  the  data  gathered 
by  the  New  York  State  Commission  of  Immigration  in  1908-9, 
which  is  representative  of  the  prevaliing  conditions. 


Industrial  Conditions 


133 


An  investigation  of  the  records  of  licenses  revoked  and  actions 
brought  by  the  Commissioner  of  Licenses  in  New  York  City  showed 
that  since  the  passage  of  the  law  but  four  cases  had  been  brought 
before  the  courts,  relating  to  sending  women  to  immoral  places. 
All  of  these  were  discharged  in  the  Magistrates  courts  and  no  cases 
have  been  tried  in  the  Court  of  Special  Sessions.  In  1904,  a case 
was  brought  in  the  Brooklyn  Court  of  Special  Sessions,  but  resulted 
in  acquittal.  Not  one  imprisonment  has  been  imposed  since  the 
law  was  passed. 

The  failure  of  these  cases  is  doubtless  due  to  the  diflS,culty  of 
getting  evidence  and  also  to  the  desire  of  the  Commissioner  to  con- 
centrate power  in  the  Department  of  Licenses  and  adjust  all  matters 
there.  This  has  led  to  the  substitution  of  the  revocation  of  licenses 
for  fines  and  imprisonments. 

From  May,  1904,  to  February,  1909,  103  licenses  were  revoked 
by  the  Department  of  Licenses.  Of  these  14  were  revoked  for  send- 
ing women  to  disorderly  places  or  questionable  resorts  and  9 for 
improper  conduct  on  the  part  of  the  agent.  Investigators  of  the 
State  Commission  of  Immigration  found  that  nine  of  these  agents 
were  still  doing  business — either  as  employees  of  other  agents  or 
they  had  obtained  licenses  in  the  names  of  other  persons  or  relatives 
and  were  doing  business  as  freely  as  when  they  held  their  licenses 
in  their  own  name.  The  majority  of  the  licenses  revoked  have 
been  of  East  Side  agents,  though  it  is  well  known  that  the  most 
active  procuring  centers  are  not  located  on  the  East  Side.  A field 
investigation  made  by  investigators  of  the  Commission  of  Immi- 
gration showed  that  some  employment  agents  were  quite  willing 
to  send  women  out  to  strangers  to  work  while  others  preferred  to 
send  them  to  other  cities  or  wanted  a guarantee  or  reference.  Investi- 
gators of  the  Federal  Immigration  Commission  also  found  a similar 
state  of  affairs.  These  conditions  were  found  not  more  frequently 
on  the  East  Side  than  among  6th  Avenue  and  uptown  agencies. 

Only  those  agencies  were  investigated  which  were  suspected  of 
doing  this  kind  of  work.  No  attempt  was  made  to  learn  the  number 
or  extent,  but  simply  to  ascertain  whether  women  could  be  obtained 
without  difficulty  for  this  purpose  through  these  agencies  if  pro- 
curers knew  where  to  inquire  and  the  methods  to  use.  In  some  of 
the  instances,  the  agents  were  willing  to  send  women  to  work  in 
disorderly  places,  but  exercised  care  in  sending  them  out  as  in- 
mates. Employment  agencies  are  no  longer  barter  places,  but  use 
work  as  the  device  for  getting  women  into  such  places.  Practically 
all  of  the  agencies  investigated  would  only  send  women  to  work  in 


134 


The  Social  Evil  in  New  York  City 


such  places.  A number  of  agencies  were  willing  to  send  women  out 
of  the  city  without  making  inquiries  of  any  kind  concerning  the 
place.  This  was  especially  true  where  they  were  to  be  sent  long 
distances  or  out  of  the  State.  In  one  semi-philanthropic  agency, 
the  fee  for  a servant  of  this  class  was  raised  to  S5,  and  an  exami- 
nation of  the  books  failed  to  reveal  that  the  fee  was  accounted  for  in 
any  way  to  the  “Society”  running  the  agency. 

In  one  of  the  cases  in  which  the  Commissioner  of  Licenses  re- 
voked the  license  of  the  agent,  the  following  information  was  given: 

The  former  partner  of  the  agent  on  trial  testified  that  while  in  that  busi- 
ness capacity  he  had  visited  a disorderly  house  on  the  lower  East  Side  in 
which  were  inmates  who  had  been  sent  there  by  his  partner.  The  Deputy 
Commissioner  in  giving  his  decision  said  that  in  view  of  the  fact  that  at  a 
previous  trial  respectable  neighbors  of  the  agent  under  investigation  testi- 
fied that  he  had  maintained  a disreputable  place  in  the  rear  of  his  office  and 
permitted  girls  of  dissolute  habits  to  carry  on  both  inside  and  outside  of  his 
agency,  on  such  evidence  he  revoked  the  license. 

Additional  information  regarding  the  principals  in  this  trial  was 
given  in  a letter  received  from  a woman  living  near  the  agency.  The 
writer  said  that  this  agent  was  one  of  the  most  notorious  white  slave 
traders  on  the  lower  East  Side,  and  that  it  was  the  business  of  one  of 
the  partners,  a young,  good-looking  fellow,  to  rum  the  young  immi- 
grant girls  who  apijlied  for  positions  as  servants.  The  writer  also 
called  attention  to  the  young  man  who  took  two  servant  girls  who 
had  found  positions  through  this  same  agency  to  another  agency  and 
ruined  them. 

Among  the  colored  employment  agencies  it  was  found  that  some 
of  them  had  found  it  more  profitable  to  remove  to  Jersey  City  or 
Norfolk,  Va.,  where  the  main  business  was  conducted,  only  repre- 
sentatives being  maintained  in  this  city. 

Enforcement  op  the  Law. 

The  presence  of  this  law  and  the  activity  of  the  Department  of 
Licenses  have  driven  out  the  open  barter  and  sale  of  unemployed 
women;  has  made  a number  of  agents  who  were  formerly  indifferent 
to  what  became  of  those  for  whom  they  found  positions,  much  more 
careful  and  has  changed  sending  of  Avomen  as  inmates  into  sending 
them  as  ivorkers.  That  a number  of  agencies  still  cany  on  this 
business  and  find  it  profitable,  is  unfortunately  true.  The  lack  of  en- 
forcement is  due  to  several  causes.  The  limitation  of  the  laiv  to 
cities  of  the  first  and  second  class  makes  the  obtaining  of  evidence 
difficult  in  the  cases  of  Avomen  sent  to  disorderly  places  outside 
the  city,  even  Avhen  the  Avoman  escapes  and  makes  a complaint. 
There  is  no  appropriation  to  coAmr  the  gathering  of  such  eA’idence. 
The  law,  in  'Its  present  form,  does  not  reach  the  indiA'iduals  who 


Industrial  Conditions 


135 


advertise  and  entice  girls  into  their  offices,  and  the  agent  frequently 
makes  little  or  no  inquiry  which  will  safeguard  the  applicant. 

The  lack  of  co-operation  between  the  police,  district  attorney 
and  the  Department  of  Licenses  results  in  the  courts  being  practi- 
cally ignored  as  a medium  for  the  enforcement  of  the  law,  with  cor- 
respondingly little  fear  of  the  power  of  the  law,  but  considerable  fear 
of  inspectors  whom  the  agents  think  it  easier  to  placate  than  the  court. 

The  inability  or  disinclination  of  the  Commissioner  of  Licenses  to 
refuse  licenses  to  applicants  who  have  had  their  licenses  revoked, 
and  who  take  them  out  in  the  names  of  other  persons,  defeats  the 
success  of  this  measure  of  regulation.  The  difficulty  of  enforcing 
this  provision  may  be  seen  from  the  following  cases: 

In  1905,  an  agent’s  license  was  revoked  because  he  sent  girls  to  disorderly 
houses  and  failed  to  investigate  references.  After  he  lost  his  license  this 
agent  worked  for  three  different  licensed  employment  agents.  In  July,  1908, 
the  license  of  an  agent  was  revoked  on  the  evidence  that  this  man  had  been 
seen  working  in  his  place  on  two  occasions.  In  December,  1908,  it  was  re- 
ported that  he  was  connected  with  an  employment  agent’s  society,  and  that 
another  agent,  whose  license  had  been  revoked  for  the  same  cause,  was  the 
secretary  of  this  society.  The  last  report  concerning  this  agent  is  dated 
February  4,  1909,  and  states  that  he  was  working  in  a public  agency  on  East 
Fourth  Street. 

Another  agent  was  in  partnership  on  East  Street.  This  firm  lost 

its  license  in  I1906,  for  the  immoral  conduct  of  one  of  the  members.  After 
the  license  was  revoked,  this  agent  worked  nine  months  with  one  agent,  four- 
teen months  with  another,  two  and  a half  weeks  with  a third,  ten  days  with 
a fourth,  and  one  week  with  a fifth  agency.  The  last  authentic  report  regard- 
ing the  movements  of  this  agent  is  dated  February  4th,  1909,  and  says  that 
he  is  a prominent  member  of  an  employment  agents’  grievance  association 
and  obtains  women  for  other  agencies.  The  license  of  the  five  agents  were 
never  revoked  or  charges  brought. 


Summary  . 


This  law  but  marks  the  beginnings  of  the  necessary  steps  to 
protect  the  unemployed  from  being  used  to  fill  the  ranks  of  prosti- 
tutes. It  is  limited  to  women,  so  there  is  no  ample  protection  for 
young  boys  who  because  of  associations  in  these  houses  may  become 
“cadets,”  and  any  agent  losing  a license  in  a city  of  the  first  or 
second  class  can  immediately  transfer  his  base  of  operations  just 
outside  the  city  limits  or  to  another  city.  It  is,  however,  one  of 
the  most  important  laws  for  the  protection  of  women. 


APPENDICES 


APPENDIX  I. 


Tenement  House. 

Chapter  334,  Laws  of  1901,  Amended  by  Chapter  99,  Laws  of  1909, 

Sections  150-156. 

The  Tenement  House  I., aw,  including  all  amendments  up  to  Feb- 
ruary, 1908,  provides  as  follows,  with  reference  to  the  social  evil:^ 

Section  150. — K woman  who  knowingly  resides  in  a house  of  pros- 
titution or  assignation  of  any  description  in  a tenement  house  or  who 
commits  prostitution  or  indecently  exposes  her  person  for  the  purpose 
of  prostitution  in,  or  who  solicits  any  man  or  boy  to  enter  a house  of 
prostitution  or  a room  in  a tenement  house  for  the  purpose  of  prostitu- 
tion, shall  be  deemed  a vagrant,  and  upon  conviction  thereof  shall  be 
committed  to  the  county  jail  for  a term  not  exceeding  six  months  from 
the  date  of  commitment.  The  procedure  in  such  case  shall  be  the 
same  as  that  provided  by  law  for  other  cases  of  vagrancy. 

Section  151. — A tenement  house  shall  be  subject  to  a penalty  of 
one  thousand  dollars,  if  it  or  any  part  of  it  shall  be  used  for  the 
purpose  of  a house  of  prostitution  or  assignation  of  any  description, 
with  the  permission  of  the  owner  thereof,  or  his  agent,  and  said 
penalty  shall  be  a lien  upon  the  house  and  the  lot  upon  which  the 
house  is  situated. 

Section  152. — If  a tenement  house,  or  any  part  thereof,  shall  be 
used  for  the  purpose  of  a house  of  prostitution  or  assignation  of  any 
description  with  the  permission  of  the  lessee  of  the  whole  of  said  tene- 
ment house,  or  his  agent,  the  lease  shall  be  terminable  at  the  election 
of  the  lessor.  And  the  owner  shall  be  entitled  to  recover  possession 
of  said  tenement  house  by  summary  proceedings  in  the  manner  pro- 
vided by  title  two  of  chapter  seventeen  of  the  code  of  civil  procedure. 

Section  153. — A tenement  house  shall  be  deemed  to  have  been 
used  for  the  purpose  specified  in  the  last  two  sections  with  the  permis- 
sion of  the  owner  and  the  lessee  thereof,  if  summary  proceedings  for 
the  removal  of  the  tenants  of  said  tenement  house,  or  of  so  much 
thereof  as  is  imlawfully  used,  shall  not  have  been  commenced  within 
five  days  after  notice  of  such  unlawful  use,  served  by  the  department 
of  health  in  the  manner  prescribed  by  law  for  the  service  of  notices 
and  orders  in  relation  to  tenement  houses.^ 

Section  15 If.. — In  a prosecution  against  an  owner  or  agent  of  a 
tenement  house  under  section  eleven  hundred  and  forty-six  of  the 


1 The  Tenement  House  Act,  known  as  Chapter  334  of  the  Laws  of  1901,  to- 
gether with  the  amendments  were  consolidated  on  March  20,  1909,  by  Chapter  99 
of  the  Laws  of  1909,  entitled  “An  Act  in  relation  to  Tenement  Houses,  constituting 
Chapter  61  of  the  Consolidated  Laws.” 


138 


The  Social  Evil  in  New  Yokk  City 


penal  law,  or  in  an  action  to  establish  a lien  under  section  one  hundred 
and  fifty-one  of  this  chapter,  the  general  reputation  of  the  premises  in 
the  neigliborhood  shall  he  competent  evidence,  but  shall  not  be  suffi- 
cient to  support  a judgment  without  corroborative  evidence,  and  it 
shall  be  presumed  that  their  use  was  with  the  permission  of  the  owner 
and  lessee;  provided,  that  such  presumption  may  be  rebutted  by  evi- 
dence. 

Section  155.— Said  action  shall  be  brought  against  the  tenement 
house  as  defendant.  Said  house  may  be  described  in  the  title  of  the 
action  by  its  street  number,  or  in  any  other  method  sufficiently  precise 
to  secure  identification.  The  property  shall  be  described  in  the  com- 
plaint. The  plaintiff,  except  as  hereinafter  provided,  shall  be  the 
department  of  health.  In  case  any  taxpayer  of  any  citj'  to  which  this 
chapter  applies,  shall  request  such  department  in  writing  to 
institute  an  action  under  this  article  against  any  tenement 
house  specified  in  such  request,  and  such  department  shall  not  institute 
such  action  within  ten  days  after  receiving  such  request,  then  any  tax- 
payer of  said  city  may  institute  and  maintain  such  action  against 
such  tenement  house  in  his  own  name,  and  in  such  case  the  court  may 
in  its  discretion  require  security  for  costs. 

Section  f56.— Said  action  shall  be  brought  in  the  supreme  court  in 
the  county  in  which  the  property  is  situated.  At  or  before  the  com- 
mencement of  the  action  the  complaint  shall  be  filed  in  the  office  of  the 
clerk  of  the  county,  together  with  a notice  of  the  pendency  of  the 
action,  containing  the  names  of  the  parties,  the  object  of  the  action  and 
a brief  description  of  the  property  affected  thereby.  Said  notice  shall 
be  immediately  recorded  by  the  clerk  in  accordance  with  the  pro- 
visions of  section  sixteen  hundred  and  seventy- two  of  the  code  of  civil 
procedure.  The  owner  or  lessee  of  said  building,  or  both,  may  appear 
in  said  action  and  answer  or  demur  to  the  complaint  and  the  sub- 
sequent proceedings  in  the  action  shall  be  the  same  as  in  other  actions 
brought  to  establish  a lien  or  incumbrance  upon  real  property,  and  the 
action  shall  be  entitled  to  a preference  in  the  trial  or  hearing  thereof.  ^ 


1 Sec.  1340  of  the  New  York  Charter  transfers  the  enforcement  from  the  Board 
of  Health,  as  follows  ; All  the  rights  and  powers  possessed  by  the  health  depart- 
ment of  The  Cit.v  of  New  York  with  respect  to  the  sanitary  inspection  of  tenement 
houses  are  hereby  conferred  upon  the  tenement  house  department ; and  the  tene- 
ment house  department  is  hereby  charged  with  the  duty  of  enforcing  all  the  pro- 
visions of  the  tenement  house  act.  The  owners,  lessees  and  agents,  and  persons 
having  control  of  tenement  houses  shall  be  filed  in.  and  the  taxpayers'  request  for 
the  institution  of  an  action  for  a lien  upon  a tenement  house  shall  be  presented  to 
the  tenement  house  department  instead  of  to  the  department  of  health.  Nothing 
herein  contained  shall  abrogate  or  impair  the  existing  powers  of  the  department  of 
health  of  The  Cit.v  of  New  York.  The  tenement  house  department  shall  have  the 
powers  and  shall  perform  the  duties  specified  in  this  chapter.  (.\s  amended  bv 
L.  1903,  ch.  439.) 


Appendices 


139 


APPENDIX  II. 

Disorderly  House. 

Penal  Law,  Section  1146. 

A person  who  keeps  a house  of  ill-fame  or  assignation  of  any  de- 
scription, or  a house  or  place  for  persons  to  visit  for  unlawful  sexual 
intercourse,  or  for  any  leAvd,  obscene  or  indecent  purpose,  or  disorderly 
house,  or  a house  commonly  known  as  a stale  beer  dive,  or  any  place  of 
public  resort  by  which  the  peace,  comfort,  or  decency  of  a neighborhood 
is  habitually  disturbed,  or  Avho  requests,  advises  or  procures  any  female 
to  become  an  inmate  of  any  such  house  or  place,  or  who  as  agent  or 
owner,  lets  a building  or  any  portion  of  a building,  knowing  that  it  is 
intended  to  be  used  for  any  purpose  specified  in  this  section,  or  who 
permits  a building  or  a portion  of  a building  to  be  so  used,  is  guilty 
of  a misdemeanor.  This  section  shall  be  construed  to  apply  to  any  part 
or  parts  of  a house  used  for  any  of  the  purposes  herein  specified. 


APPENDIX  III. 

Public  Nuisance. 

Penal  Law,  Sections  1530,  1532,  1533. 

Section  1530. — A “public  nuisance”  is  a crime  against  the  order 
and  economy  of  the  State,  and  consists  in  unlawfully  doing  an  act, 
or  omitting  to  perform  a duty,  which  act  or  omission : 

1.  Annoys,  injures  or  endangers  the  comfort,  repose,  health  or 
safety  of  any  considerable  number  of  persons ; or, 

2.  Offends  public  decency;  or, 

3.  Unlawfully  interferes  with,  obstructs,  or  tends  to  obstruct,  or 
renders  dangerous  for  passage,  a lake,  or  a navigable  river,  bay,  stream, 
canal  or  basin,  or  a stream,  creek,  or  other  body  of  water  which  has 
been  dredged  or  cleared,  at  public  expense,  or  a public  park,  square, 
street  or  highway;  or, 

4.  In  anv  way  renders  a considerable  number  of  persons  insecure 
in  life,  or  the  use  of  property. 

Section  1532.- — Maintaining  Nuisance. — A person  who  commits 
or  maintains  a public  nuisance,  the  punishment  for  which  is  not 
specially  prescribed,  or  who  wilfully  omits  or  refuses  to  perform  any 
legal  duty  relating  to  the  removal  of  such  a public  nuisance,  is  guilty 
of  a misdemeanor. 

Section  1533. — Permitting  use  of  building  or  nuisance. — A person 
who : 

1.  Lets,  or  permits  to  be  used,  a building,  or  a portion  of  a build- 
ing, knowing  that  it  is  intended  to  be  used  for  committing  or  main- 
taining a public  nuisance,  is  guilty  of  a misdemeanor. 


140 


The  Social  Evil  in  New  Yohk  City 


APPENDIX  IIIA. 

Public  Nuisance. 

Sanitary  Code,  Sections  13,  14. 

Section  IS. — The  owner,  lessee,  tenant,  and  occupant  of  any  build- 
ing or  premises,  or  of  any  part  thereof,  where  there  shall  he  a nuisance, 
or  a violation  of  any  ordnance  or  section  of  the  Sanitary  Code,  shall 
be  jointly  and  severally  liable  therefor,  and  each  of  them  may  be 
required  to  abate  the  nuisance,  or  comply  with  the  order  of  the  Board 
of  Health  in  respect  to  the  premises,  or  the  part  thereof,  of  which  such 
person  is  owner,  lessee,  tenant  or  occupant. 

Section  H. — Whenever  a nuisance  in  any  place  or  upon  any  prem- 
ises in  the  City  of  New  York  shall  have  been  found  or  declared  by 
resolution  of  the  Board  of  Health  to  exist,  and  an  order  shall  have 
been  made  directing  the  owner,  lessee,  tenant  or  occupant  of  such 
premises  to  make  suitable  and  necessary  repairs  or  improvements,  or 
to  abate  the  said  nuisance,  such  repairs  or  improvements  shall  be 
made,  and  such  nuisance  shall  be  fully  abated  within  the  time  specified 
in  and  by  said  order. 


APPENDIX  IV. 

Disoedeklt  Person. 

Code  of  Criminal  Procedure,  Sections  899,  911. 

Section  899. — The  following  are  disorderly  persons: 

4.  Keepers  of  bawdy  houses  or  houses  for  the  resort  of  prostitutes, 
drunkards,  tipplers,  gamesters,  habitual  criminals,  or  other  disorderly 
persons. 

Section  911. — Court  may  also  commit  him  to  prison;  nature  and 
duration  of  imprisonment.  The  court  may  also,  in  its  discretion,  order 
a person  convicted  as  a disorderly  person,  to  be  kept  in  the  county  jail, 
or  in  the  City  of  New  York,  in  the  city  prison  or  penitentiary  of  that 
city,  for  a term  not  exceeding  six  months  at  hard  labor. 


Appendices 


141 


APPENDIX  V. 

Powers  op  Board  op  Aldermen. 

Charter,  Sections  49,  54,  292,  315,  318,  327,  426,  429. 

Section  49- — Power  to  pass  ordinances. — -The  Board  of  Aldermen 
may  pass  ordinances,  rules,  regulations,  and  by-laws  “to  provide  for 
the  more  effectual  suppression  of  vice  or  immorality,  and  the  preserv- 
ing of  peace  and  good  order  in  said  city.” 

Section  54- — Special  committee. — Said  board  is  charged  with  the 
duty  to  see  to  the  faithful  execution  of  the  laws  and  ordinances,  and 
may  appoint  from  time  to  time  a special  committee  to  inquire  whether 
the  laws  and  ordinances  relating  to  any  subject  or  to  any  department 
of  the  city  government  are  faithfully  observed;  and  the  duties  of  the 
officers  of  such  departments  or  of  any  officer  are  being  faithfully 
discharged. 

Section  292. — Police  Commissioner. — The  police  commissioner  is 
charged  with  and  responsible  for  the  execution  of  all  laws. 

Section  315 — Duties  of  police. — The  police  department  and  force 
shall  especially  preserve  the  public  peace,  prevent  crime,  arrest  offend- 
ers, and  carefully  observe  and  inspect  all  houses  of  ill-fame,  and  houses 
where  common  prostitutes  resort  or  reside,  and  prevent  the  violation  of 
all  laws  and  ordinances  in  force  in  the  city. 

Section  57S.— Householders  complaints. — If  two  or  more  house- 
holders report  in  writing  that  there  are  good  grounds  for  believing  any 
house,  room  or  premises  are  used  for  lewd  or  obscene  purposes  or 
amusments,  the  police  commisioner  shall  authorize  in  writing  members 
of  the  police  force  to  enter  any  such  place  and  arrest  all  persons  there 
found  offending  against  the  law,  and  shall  cause  such  arrested  persons 
to  be  rigorously  prosecuted. 

Section  337. — Powers  of  police.- — Members  of  the  police  force  are 
empowered  to  arrest  without  warrant  any  person  who  commits,  threat- 
ens, or  attempts  to  commit  in  his  presence  or  within  his  view  any 
breach  of  the  peace  or  offense  directly  prohibited  by  act  of  the  legis- 
lature or  any  ordinance. 

Section  .4^6-— There  shall  be  in  each  and  every  district  of  local 
improvements  a board  of  local  improvements  to  be  known  and  described 
as  “the  local  board,”  to  be  entrusted  with  the  powers  by  this  act  pre- 
scribed. The  jurisdiction  of  each  local  board  shall  be  confined  to  the 
district  for  which  it  is  constituted,  and  to  those  subjects,  or  matters 
the  costs  and  expense  whereof  are  in  whole  or  in  part  a charge  upon 
the  people  or  property  of  the  district  or  a part  thereof,  except  so  far 
as  by  this  act  jurisidiction  may  otherwise  be  given  over  matters  of 
local  administration  within  such  district.  Each  local  board  shall  con- 
sist of  the  president  of  the  borough  wherein  the  district  is  situated,  bj 
virtue  of  his  office  and  of  each  member  of  the  board  of  aldermen  who 
represents  an  aldermanic  district  within  such  local  improvement  dis- 
trict, by  virtue  of  his  office  and  during  his  term  as  such  member.  The 
members  of  the  local  board  shall  serve  as  such  members  without  com- 
pensation. If  any  proposed  local  improvement  specified  in  section  four 
hundred  and  twenty-eight  of  this  act  shall  embrace  the  territory  or 


142 


The  Social  Evil  in  New  York  City 


affect  the  property  of  more  than  one  district  of  local  improvements, 
the  members  of  the  local  boards  of  all  the  districts  so  affected  shall, 
for  all  proceedings  in  the  matter  of  such  improvement,  constitute  the 
local  board  for  the  purposes  thereof,  and  its  proceedings  shall  in  all 
respects  conform  to  the  provisions  of  this  act  that  regulate  the  pro- 
ceedings of  any  local  board. 

Section  4^29. — A local  board  shall  have  po-wer  to  hear  complaints 
against  disorderly  houses,  drinking  saloons,  gambling  houses,  or  any 
other  place  violative  of  good  order,  and  to  pass  such  resolutions  as 
may  not  be  inconsistent  with  the  powers  of  the  Board  of  Aldermen. 
Said  resolutions  are  to  be  submitted  to  the  Mayor,  and  if  not  declared 
invalid  by  him,  shall  take  effect  upon  the  expiration  of  ten  days. 


Appendices 


143 


APPENDIX  A' I. 

Police  Department  Rules. 

The  rules  and  regulations  made  by  the  Police  Board  are  instituted 
under  the  provisions  of  the  Charter  of  the  City  of  Xeiv  York,  and  are 
made  to  ensure  prompt  and  efficient  exercise  of  all  the  powers  conferred 
by  law  upon  the  Police  Commissioner  and  to  enforce  effectually  the 
laws  of  the  State  of  New  York  and  Charter  of  the  City  of  New  York 
in  the  prevention  and  detection  of  crime  and  other  violations  of  the 
law. 

Any  violation  of  the  ‘^huiles  and  regulations,”  and  any  neglect  of 
duty  imposed  by  them  on  the  officers  concerned,  may  be  made  the  sub- 
ject of  written  charges  and  laid  before  the  Police  Commissioner  for  his 
action. 

The  following  rules  relate  to  disorderly  houses : 

Captains  of  Police  Precincts.  It  is  the  duty  of  a police  captain  to 
report  to  the  police  commissioners  on  the  fifth  of  each  month ; 

1.  Steps  taken  to  enforce  jirovisions  of  the  Penal  Law  with  refer- 
ence to  disorderly  houses  within  his  precinct. 

2.  Steps  taken  to  enforce  the  Penal  Law  and  Greater  New  York 
Charter  regarding  concert  saloons,  dives  and  other  places  where  dis- 
orderly, degraded,  or  lawless  people  congregate. 

3.  Steps  taken  to  enforce  the  Liquor  Tax  Laws  and  ordinances 

relating  to  various  crimes  above  mentioned.  ' 

No.  55  Under  Rule  — When  any  room  or  building  in  any  part 
or  portion  within  the  precinct  is  known  to  the  captain  to  be  kept,  used, 
or  occupied  for  purposes  of  prostitution,  assignation,  or  other  immoral 
purpose,  he  must  give  notice  in  writing  to  the  oivner,  lessee  or  occupant, 
that  such  room  or  building  is  so  used,  and  that  it  is  a misdemeanor. 

No.  56  Under  Rule  — If  the  occupation  and  use  of  such  prem- 
ises shall  continue  the  captain  will  obtain  warrants  for  and  cause  the 
arrest  of  such  owner,  lessee  or  occupant  for  a misdemeanor  and  cause 
them  to  be  prosecuted  as  required  by  law. 

No.  100  Under  Rule  h2. — Captains  will  make  charges  of  neglect  of 
duty  against  any  patrolmen  under  their  command  who  fails  to  dis- 
cover a serious  breach  of  the  peace  occurring  on  his  post,  during  his 
tour  of  duty;  or  who  shall  fail  to  arrest  any  party  guilty  of  such 
offense. 

No.  13  Under  Rule  — If  a policeman  is  on  duty  on  a post  where 
houses  of  ill-fame  are  suspected  to  exist,  he  should  be  careful  to 
restrain  acts  of  disorder,  prevent  soliciting  from  windows,  doors  or  on 
streets,  and  arrest  all  persons  found  so  doing,  also  carefully  observe 
all  other  places  of  a suspicious  nature,  obtain  evidence  as  to  the  char- 
acter and  ownership  of  such  houses,  by  whom  frequented  and  report 
results  of  his  observation  to  his  commanding  officer. 


144 


The  Social  Evil  in  New  York  City 


APPENDIX  VII. 

Liquor  Tax  Law. 

Chapter  34  of  the  Consolidated  Laws  (L.  1909,  ch.  39).  Sections 
8,  15,  16,  23,  30,  36. 

Section  8. — Excise  taxes  upon  the  business  of  trafiBcking  in  liquor 
shall  be  of  seven  grades,  and  assessed  as  follows : 

1.  Upon  the  business  of  trafficking  in  liquors  to  be  drunk  upon 
the  premises  where  sold,  or  which  are  so  drunk,  whether  in  a hotel, 
restaurant,  saloon,  store,  shop,  booth  or  other  place,  or  in  any  out- 
building, yard  or  garden  appertaining  thereto  or  connected  therewith, 
there  is  assessed  an  excise  tax  to  be  paid  by  every  person  engaged  in 
such  traffic,  and  for  each  such  place  where  such  traffic  is  carried  on 
by  such  person  if  the  same  be  in  a city  or  borough  having  by  the  last 
state  census  a population  of  fifteen  hundred  thousand  or  more,  the 
sum  of  twelve  hundred  dollars ; if  in  a city  or  borough  having  by  said 
census  a population  of  less  than  fifteen  hundred  thousand,  but  more 
than  five  hundred  thousand,  the  sum  of  nine  hundred  and  seventy-five 
dollars ; if  in  a city  or  borough  having  by  said  census  a population  of 
less  than  five  hundred  thousand,  but  more  than  fifty  thousand,  the 
sum  of  seven  hundred  and  fifty  dollars;  if  in  a city  or  village  having 
by  said  census  a population  of  less  than  fifty  thousand,  bnt  more  than 
ten  thousand,  the  sum  of  five  hundred  and  twenty-five  dollars ; if  in  a 
city  or  village  having  by  said  census  a population  of  less  than  ten 
thousand,  but  more  than  five  thousand,  the  sum  of  four  hundred  and 
fifty  dollars;  if  in  a village  having  by  said  census  a population  of 
less  than  five  thousand,  but  more  than  twelve  hundred,  the  sum  of 
three  hundred  dollars;  if  in  any  other  place,  the  sum  of  one  hundred 
and  fifty  dollars.  The  holder  of  a liquor  tax  certificate  under  this 
subdivision  is  entitled  also  to  traffic  in  liquors  as  though  he  held  a 
liquor  tax  certificate  under  subdivision  two  of  this  section,  subject  to 
the  provisions  of  section  thirteen  of  this  chapter. 

Section  15. 

8. — When  the  nearest  entrance  to  the  premises  described  in 
said  statement  as  those  in  which  traffic  in  liquor  is  to  be  carried 
on  is  within  two  hundred  feet,  measured  in  a straight  line,  of  the 
nearest  entrance  to  a building  or  buildings  occupied  exclusively  for 
a dwelling,  there  shall  also  be  filed  simultaneously  with  said  statement 
a consent  in  writing  that  such  traffic  in  liquors  be  so  carried  on  in  said 
premises  during  a term  therein  stated,  executed  bj-  the  owner  or 
ovraers,  or  bj^  a duly  authorized  agent  or  agents  of  such  owner  or 
owners  of  at  least  two-thirds  of  the  total  number  of  such  buildings 
within  two  hundred  feet  so  occupied  as  dwellings,  and  acloiowledged 
as  are  deeds  entitled  to  be  recorded,  except  that  such  consent  shall  not 
be  required  in  cases  where  such  traffic  in  liquor  was  actually  lawfully 
carried  on  in  said  premises  so  described  in  said  statement  on  the 
twenty-third  day  of  March,  eighteen  hundred  and  ninety-six,  nor  shall 
such  consent  be  required  for  any  place  described  in  said  statement 
which  was  occupied  as  a hotel  on  said  last  mentioned  date,  notwith- 
standing such  traffic  in  liquors  was  not  then  carried  on  thereat. 


Appendices 


145 


Whenever  the  consent  required  by  this  section  shall  have  been  obtained 
and  filed  as  herein  provided,  unless  the  same  be  given  for  a limited 
term,  no  further  or  other  consent  for  trafficking  in  liquor  on  such 
premises  shall  he  required  so  long  as  such  jiremises  shall  be  continu- 
ously occupied  for  such  traffic.  If  a liquor  tax  certificate  shall  be 
revoked  and  cancelled  under  section  twenty-seven  of  this  chapter,  or 
forfeited  under  any  other  section  of  this  chapter  after  the  first  day 
of  May,  nineteen  hundred  and  five,  the  traffic  in  liquors  shall  not 
thereafter  be  carried  on  at  the  premises  for  which  such  certificate 
was  issued,  nor  any  liquor  tax  certificate  obtained  therefor  so  long  as 
said  premises  continue  to  be  occupied,  not  exceeding  one  year,  by  the 
person  who  was  the  holder  of  the  forfeited  certificate  at  the  time  of 
the  commission  of  the  act  complained  of,  or  occupied  by  a member  of 
his  family,  his  agent  or  by  any  person  in  his  employ,  or  representing 
him,  or  so  long  as  the  said  former  certificate  holder  shall  he  interested 
in  the  traffic  in  liquors  to  be  continued  at  said  premises  under  a new 
certificate,  unless  there  shall  be  obtained  and  filed  simultaneously  with 
the  application  statement  for  such  certificate,  a consent  in  Muiting  that 
such  traffic  in  liquors  be  so  carried  on  in  said  premises,  as  required  bj' 
the  general  provisions  of  this  subdivision,  notwithstanding  such  traffic 
in  liquor  may  have  been  actually  lawfully  carried  on  in  said  premises 
on  the  twentjMhird  day  of  March,  eighteen  hundred  and  ninety-six, 
or  said  premises  occupied  as  a hotel  on  said  lasj.  mentioned 
date,  and  notwithstanding  the  consents  required  by  this  subdivision, 
given  for  an  unlimited  term,  shall  have  been  previously  obtained  and 
filed;  and  if  the  violation  of  law  for  wliicli  the  cancellation  or  forfeit- 
ure of  said  certificate  was  had  was  that  the  holder  thereof,  or  his  agent, 
had  suffered  or  permitted  said  certificated  premises,  or  any  yard,  booth, 
garden  or  any  other  place  appertaining  thereto  or  connected  therewith, 
to  becom.e  disorderly,  or  had  suffered  or  permitted  any  gambling  in  the 
place  designated  by  the  liquor  tax  certificate  as  that  in  which  the  traffic 
in  liquors  was  to  be  carried  on,  or  in  any  yard,  booth,  garden  or  any 
other  place  appertaining  thereto  or  connected  therewith,  no  new  corti- 
cate shall  be  issued  for  said  premises  to  any  person,  for  the  period  of 
one  year  from  the  date  of  the  entry  of  a final  order  cancelling  such 
certificate,  or  from  the  date  of  the  conviction  of  the  certificate  holder 
for  such  crime  committed  on  said  premises;  provided,  that  the  discon- 
tinuance of  traffic  in  liquors  for  one  year  or  less,  by  reason  of  the  pro- 
visions of  this  section,  shall  not  operate  or  be  construed  to  forfeit  any 
right  of  traffic  which,  under  the  provisions  of  this  section,  attached 
to  the  place  for  which  such  forfeited  or  revoked  certificate  was  held. 

Section  16. — Bonds  to  be  given. — Each  person  taxed  under  this 
chapter  shall,  at  the  time  of  making  the  application  provided  for  in 
section  fifteen  of  this  chapter,  file  in  the  office  of  the  county  treasurer 
of  the  county  in  which  such  traffic  is  to  be  carried  on,  or  in  office  of  the 
special  deputy  commissioner  of  excise,  if  there  be  one,  or  if  the  appli- 
cation be  under  subdivision  four  of  section  eight  of  this  chapter,  with 
the  State  Commissioner  of  Excise,  a bond  to  the  people  of  the  State  of 
New  York,  in  the  penal  sum  of  the  amount  plus  one-lialf  of  the  tax  for 
one  vear  u])on  the  kind  of  traffic  iu  liquor  to  be  carried  on  by  such 


146 


The  Social  Evil  ix  Xeav  York  City 


applicant,  where  carried  on,  but  in  no  case  for  less  than  five  hundred 
dollars,  conditioned  that  there  is  no  material  false  statement  in  the 
application  statement  for  such  liquor  tax  certificate,  and  that  if  the 
liquor  tax  certificate  applied  for  is  given,  the  applicant  or  applicants 
will  not,  while  the  business  for  which  such  liquor  tax  certificate  is 
given  shall  be  carried  on,  suffer  or  permit  any  gambling  in  the  place 
designated  by  the  liquor  tax  certificate  in  which  the  traffic  in  liquors 
is  to  be  carried  on,  or  in  any  yard,  booth,  garden  or  any  other  place 
appertaining  thereto  or  connected  therewith,  or  suffer,  permit  or  have 
any  opening  or  means  of  entrance  or  passageway  for  persons  or  things 
between  the  room  where  the  traffic  in  liquors  is  carried  on,  and  any 
other  room  or  place  where  any  person  whosoever  suffers  or  permits 
any  gambling,  or  suffer  or  permit  such  premises  to  become  disorderly, 
or  suffer,  permit  or  have  any  opening  or  means  of  entrance  or  passage- 
way for  persons  or  things  between  the  room  or  place  where  the  traffic 
in  liquors  is  carried  on,  and  any  other  room  or  place  which  any  person 
whosoever  suffers  or  permits  to  become  disorderly,  and  will  not  violate 
any  of  the  provisions  of  this  chapter,  or  any  act  amendatory 
thereof  or  supplementary  thereto;  and  that  all  fines  and  penalties 
which  shall  accrue  during  the  time  the  certificate  applied  for  is  held, 
and  any  judgment  or  judgments  recovered  therefor,  will  be  paid, 
together  ivith  all  costs  taxed  or  allowed  in  anv  action  or  proceeding 
brought  or  instituted  under  the  provisions  of  this  chapter. 

Section  S3. — Places  in  which  traffic  in  liquor  shall  not  be  permitted. 
— Traffic  in  liquor  shall  not  be  permitted : 2.  Ender  the  provisions  of 
subdivision  one  of  section  eight  of  this  chapter,  in  any  building,  yard, 
booth  or  other  place  which  shall  be  on  the  same  street  or  avenue  and 
Avithin  tAvo  hundred  feet  of  a luiilding  occupied  exclusivelv  as  a church 
or  school  house ; the  measurements  to  be  taken  in  a straight  line  from 
the  center  of  the  nearest  entrance  of  the  building  used  for  such  church 
or  school  to  the  center  of  the  nearest  entrance  of  the  place  in  which 
such  liquor  traffic  is  desired  to  be  carried  on;  provided,  however,  that 
this  prohibition  shall  not  apply  to  a place  Avhich  on  the  twentA'-third  of 
March,  eighteen  hundred  and  ninety-six,  was  lawfully  occupied  for  a 
hotel,  nor  to  a place  in  Avhich  such  traffic  in  liquors  was  actually  law- 
fully carried  on  at  that  date,  nor  to  a place  which  at  such  time  was 
occupied,  or  was  in  process  of  construction,  by  a corporation  or  associa- 
tion which  traffics  in  liquors  solely  with  the  members  thereof,  nor  to  a 
place  Avithin  such  limit  to  Avhich  a corporation  or  association  trafficking 
in  liquors  solely  Avith  the  members  thereof,  at  such  date  may  remove ; 
nor  to  any  place  Avithin  the  above  prescribed  limit  of  a building  occu- 
pied exclusively  as  a church,  if,  simultaneously  with  the  filing  of  an 
application  statement  descriptive  of  such  traffic,  there  shall  be  filed  a 
consent  in  Avriting  that  such  traffic  in  liquors  be  so  carried 
on  during  a term  therein  stated,  executed  by  the  corporation, 
association  or  society  using  such'  building  as  a church,  or 
the  dul]^  authorized  agent  thereof,  and  aclniowledged  as  are  deeds 
entitled  to  be  recorded;  but  none  of  the  exceptions  under  this  sub- 
division shall  apply  to  subdivision  one  of  this  section,  or  to  any  of 
the  places  enumerated  in  this  subdivision  which  shall  have  had  a 


Appendices 


147 


liquor  tax  certificate  for  trafficking  in  liquors  in  such  place  revoked 
after  the  first  day  of  May,  nineteen  hundred  and  five,  or  forfeited 
for  any  violation  of  law  committed  after  the  first  da}'  of  May,  nineteen 
hundred  and  eight,  providing  the  violation  of  law  for  which  such 
revocation  or  forfeiture  was  had  was  either  that  the  certificated  prem- 
ises had  been  suffered  or  permitted  to  be  disorderly  or  that  gambling 
had  been  suffered  or  permitted  therein,  unless  consent  as  herein- 
before provided  shall  thereafter  be  obtained  and  filed. 

Section  SO. — The  holder  of  a liquor  tax  certificate  under  subdivi- 
sion one  of  section  eight  of  this  chapter  who  is  the  keeper  of  a hotel, 
may  sell  liquor  to  the  guests  of  such  hotel,  except  to  such  persons  as  are 
described  in  clauses  one,  two,  three,  four,  five  and  six  of  section  twenty- 
nine  of  this  chapter,  with  their  meals,  or  in  their  rooms  therein,  except 
between  the  hours  of  one  o’clock  and  five  o’clock  in  the  morning,  but 
not  in  the  barroom  or  other  similar  room  of  such  hotel;  and  the  term 
'ffiotel”  as  used  in  this  chapter  shall  mean  a building  regularly  used 
and  kept  open  as  such  for  the  feeding  and  lodging  of  guests,  where  all 
who  conduct  themselves  properly  and  who  are  able  and  ready  to  pay 
for  their  entertainment,  are  received  if  there  be  accommodations  for 
them,  and  who,  without  any  stipulated  engagement  as  to  the  duration 
of  their  stay  or  as  to  the  rate  of  compensation,  are,  while  there, 
supplied,  at  a reasonable  charge,  with  their  meals,  lodgings,  refresh- 
ment and  such  service  and  attention  as  are  necessarily  incident  to  the 
use  of  the  place  as  a temporary  home,  and  in  which  the  only  other 
dwellers  shall  be  the  family  and  servants  of  the  hotel  keeper;  and 
which  shall  conform  to  the  following  requirements,  if  situate  in  a city, 
incorporated  village  of  twelve  hundred  or  more  inhabitants,  or  within 
two  miles  of  the  corporate  limits  of  either : 

1.  The  laws,  ordinances,  rules  and  regulations  relating  to  hotels 
and  hotel  keepers,  including  all  laws,  ordinances,  rules  and  regulations 
of  the  state  or  locality  pertaining  to  the  building,  fire  and  health  de- 
partment in  relation  to  hotels  and  hotel  keepers,  shall  be  fully  com- 
plied with. 

2.  Such  buildings  shall  contain  at  least  ten  bedrooms  above  the 
basement,  exclusive  of  those  occupied  by  the  family  and  servants,  each 
room  properly  furnished  to  accommodate  lodgers,  and  separated  by 
partitions  at  least  three  inches  thick,  extending  from  fioor  to  ceiling, 
with  independent  access  to  each  room  by  a door  opening  into  a hallway, 
each  room  having  a window  or  windows  with  not  less  than  eight  square 
feet  of  surface  opening  upon  a street  or  open  court,  light  shaft  or  open 
air,  and  each  having  at  least  eighty  square  feet  of  fioor  area,  and  at 
least  six  hundred  cubic  feet  of  space  therein;  a dining  room  with  at 
least  three  hundred  square  feet  of  fioor  area,  Avhich  shall  not  he  a part 
of  the  barroom,  with  tables,  and  having  suitable  table  furniture  and 
accommodations  for  at  least  twenty  guests;  therein  at  one  and  the  same 
time,  and  a kitchen  and  conveniences  for  cooking  therein  sufficient  to 
provide  liona  fide  meals  at  one  and  the  same  time  for  twenty  guests. 
The  same  requirements  shall  ap]fiy  to  a hotel  situate  in  any  other  place, 
except  that  the  number  of  bedrooms  for  guests  shall  not  be  less  than 
six.  and  the  dining  room  shall  have  not  less  than  one  hundred  and  fifty 


148 


The  Social  Evil  in  New  York  City 


square  feet  of  floor  area,  and  the  kitchen  accommodations  shall  be  suffi- 
cient for  at  least  ten  guests.  A guest  of  a hotel,  within  the  meaning 
of  this  exception  to  section  thirty  of  this  chapter,  is : 

1.  A person  who  in  good  faith  occupies  a room  in  a hotel  as  a 
temporary  home,  and  pays  the  regular  customary  charges  for  such 
occupanciq  but  who  does  not  occupy  such  room  for  the  purpose  of  hav- 
ing liquor  served  therein;  or, 

2.  A person  who,  during  the  hours  when  meals  are  regularly 
served  therein,  resorts  to  the  hotel  for  the  purpose  of  obtaining  and 
acutually  orders  and  obtains  at  such  time,  in  good  faith,  a meal 
therein. 

Section  36. — Penalties  for  violation  of  this  chapter.- — -1.  Any  per- 
son trafficking  in  liquors,  who  is  prohibited  from  so  doing  or  who  so 
trafficks  without  having  lawfully  obtained  a liquor  tax  certificate;  or 
contrary  to  the  provisions  of  section  thirteen  of  this  chapter  or  who 
shall  neglect  or  refuse  to  make  application  for  a liquor  tax  certificate, 
or  give  the  bond,  or  pay  the  tax  imposed  as  required  by  this  chapter, 
shall  be  guilty  of  a misdemeanor,  and  upon  conviction  therefor  shall 
be  punished  by  a fine  of  not  less  than  two  hundred  dollars  nor  more 
than  twelve  hundred  dollars,  provided  such  fine  shall  equal  at  least  the 
amount  of  one  half  of  the  tax  for  one  j'ear,  imposed  by  this  chapter 
upon  the  kind  of  traffic  in  liquors  carried  on,  where  carried  on,  or 
which  would  be  so  imposed  if  such  traffic  were  lawful,  and  shall  also 
be  imprisoned  in  a county  jail  or  penitentiary  for  the  term  of  not  less 
than  thirty  days  nor  more  than  one  year. 

2.  Any  person,  who  shall  make  any  false  statement  in  the  appli- 
cation required  to  be  presented  to  the  county  treasurer  or  other  officer 
to  obtain  a liquor  tax  certificate,  or  to  obtain  a transfer  thereof,  or  who 
shall  violate  any  of  the  provisions  of  section  eight,  nineteen,  twentjq 
twenty-one,  twenty-three,  twenty-nine  or  thirt)^  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  therefor  shall  be  punished  by  a fine 
of  not  more  than  five  hundred  dollars  or  by  imprisonment  in  a count}' 
jail  or  penitentiary  for  a term  of  not  more  than  one  year,  or  by  both 
such  fine  and  imprisonment,  and  shall  forfeit  the  liquor  tax  certificate, 
and  be  deprived  of  all  rights  and  privileges  thereunder,  and  of  any 
right  to  a rebate  of  any  portion  of  the  tax  paid  thereon,  if  the  person 
convicted  be  a pharmacist  holding  a license  issued  by  the  board  of  phar- 
macy the  said  board  of  pharmacy  shall,  in  addition  to  said  penalties, 
immediately  revoke  said  license,  and  no  liquor  tax  certificate  shall 
be  issued  to  any  person  to  traffic  in  liquors  at  said  store  or  place, 
under  subdivision  three  of  section  eight  of  tins  chapter  for  the  term 
of  one  year  from  the  date  of  said  conviction;  but  this  clause  does 
not  apply  to  violations  of  section  thirty  of  this  chapter  by  a person  not 
holding  a liquor  tax  certificate,  the  punishment  for  which  is  provided 
in  the  first  clause  of  this  section. 

3.  If  there  shall  be  two  convictions  of  clerks,  agents,  employees, 
or  servants  of  a holder  of  a liquor  tax  certificate,  for  a violation  of 
any  provision  of  this  chapter,  the  liquor  tax  certificate  of  the  principal 
shall  be  forfeited,  and  the  said  principal  shall  be  deprived  of  all 


Appendices 


149 


rights  and  privileges  thereunder,  and  of  aii}^  right  to  any  rebate  of  any 
portion  of  the  tax  paid  thereon. 

4.  21  o liquor  tax  certificate  shall  be  issued  to  any  person  convicted 
of  a violation  of  this  chapter  within  three  years  from  the  date 
of  such  conviction,  nor  shall  anjr  such  person  have  interest  therein, 
or  become  a surety  on  any  bond,  required  imder  section  sixteen  of  this 
chapter,  during  such  period. 

5.  Any  willful  violation  by  any  person  of  any  provision  of  this 
chapter,  for  which  no  punishment  or  penalty  is  otherwise  provided, 
shall  be  a misdemeanor. 

6.  Whenever  any  fine  is  imposed  upon  conviction  for  violation  of 
any  provision  of  this  chapter,  the  judgment  in  such  case  must 
prqvide  that  the  person  thus  fined  be  imprisoned  until  the  fine  is  satis- 
fied, which  imprisonment  cannot  exceed  one  day  for  every  dollar  of  the 
fine,  nor  be  less  than  one  day  for  every  five  dollars  of  the  fine. 

7.  If  the  holder  of  any  liquor  tax  certificate  shall  be  convicted  of 
keeping  a disorderly  house,  in  violation  of  section  eleven  hundred  and 
forty-six  of  the  Penal  Law  or  in  violation  of  any  municipal  ordi- 
nance prescribing  the  same  or  any  similar  offense,  or  be  convicted  of 
any  oSense  prescribed  in  article  eighty-eight  or  one  hundred  and 
thirty  of  the  Penal  Law,  or  be  convicted  of  the  same  or  any  similar 
offense  prescribed  in  any  municipal  ordinance,  or  be  convicted  of  any 
felony  whatsoever,  said  certificate  holder  shall  forfeit  any  and  every 
liquor  tax  certificate  held  by  him  at  the  time  of  such  conviction,  and  be 
deprived  of  all  rights  and  privileges  thereunder.  If  any  clerk,  agent, 
employee,  or  servant  of  a holder  of  a liquor  tax  certificate  shall  commit 
any  of  such  offenses  at  a place  for  which  a liquor  tax  certificate  has 
been  issued,  and  be  convicted  thereof,  the  holder  of  such  liquor  tax 
certificate  shall  forfeit  the  same,  and  be  deprived  of  all  rights  and 
privileges  thereunder. 

8.  Upon  the  forfeiture  of  any  liquor  tax  certificate,  as  provided  by 
this  section,  it  shall  be  the  duty  of  the  holder  of  said  certificate,  or 
of  any  other  person  having  such  certificate  in  his  possession  or  under 
his  control,  to  immediately  surrender  such  certificate  to  the  officer  who 
issued  the  same  or  to  his  succesor  in  office  who  shall  forward  the  same 
to  the  State  Commissioner  of  Excise  for  cancellation.  In  case  such 
certificate  be  not  forthwith  surrendered,  it  shall  be  the  duty  of  the 
officer  who  issued  the  said  ceritificate  or  his  successor  in  office,  imme- 
diately upon  receiving  notice  of  the  forfeiture  of  any  certificate,  as 
provided  in  this  section,  or  upon  the  request  of  the  State  Commissioner 
of  Excise,  to  sign  duplicate  written  demands  for  the  surrender  of  said 
certificate,  setting  forth  the  conviction  or  convictions  causing  such 
forfeiture,  and  to  deliver  said  demands  to  the  sheriff  of  the  county  in 
which  the  premises  designated  in  said  certificate  are  located,  or  to  any 
special  agent  of  the  State  Commissioner  of  Excise,  together  with  a 
certified  copy  of  the  record  of  each  conviction  referred  to  in  such  de- 
mands, and  it  shall  be  the  duty  of  said  sheriff  or  special  agent,  imme- 
diately upon  the  receipt  of  said  duplicate  demands  and  such  record  or 
records  of  conviction,  to  serve  one  of  such  demands,  together  with  such 
record  or  records  of  conviction,  upon  the  holder  of  said  certificate, 


150 


The  Social  Evil  in  New  York  City 


or  upon  any  other  person  having  such  certificate  in  his  possession  or 
under  his  control,  and  to  take  possession  of  such  certificate  and  to 
return  the  duplicate  of  said  demand,  with  proof  of  the  service  thereof 
and  of  such  record  or  records  of  conviction,  together  with  said  certifi- 
cate, to  said  issuing  officer.  The  sheriff  making  such  service  shall 
be  entitled  to  the  same  fees  therefor  as  for  serving  a summons  in  an 
action  in  the  supreme  court,  which  fees  and  any  other  fees  to  which 
said  sheriff  would  be  by  law  entitled  to  receive  from  the  State  Commis- 
sioner of  Excise,  shall  be  legal  charges  against  the  county  in  which  the 
office  of  the  said  sheriff  is  situated,  and  shall  be  atidited  and  paid  as 
are  other  lawful  claims. 


APPENDIX  YIII. 

Hotels. 

Definition,  The  Building  Code,  Section  10. 

A hotel  shall  be  taken  to  mean  and  include  every  building,  or  part 
thereof,  intended,  designed  or  used  for  supplying  food  and  shelter  to 
residents  or  guests,  and  having  a general  public  dining-room  or  a cafe, 
or  both,  and  containing  also  more  than  fifteen  sleeping-rooms  above 
the  first  story. 


Appendices 


151 


APPENDIX  IX. 

Dancing  Academies.^ 

Amendment  to  New  York  Charter,  Laws,  1909,  Ch.  400.  Sections 

1488-1494. 

Section  1488. — The  words  “public  dancing  academy,”  when  used 
in  this  act,  shall  be  taken  to  mean; 

1.  Any  room  or  place  in  the  City  of  New  AYrk  in  which  dancing 
is  taught  or  which  is  designated,  advertised  or  held  out  by  advertise- 
ments, signs,  placards  or  public  notices  of  any  kind,  as  a dancing  school, 
dancing  academy,  dancing  class,  school  for  dancers,  or  place  where 
dancing  is  taught;  and 

2.  In  which  payment  is  made  for  instruction  or  to  which  admis- 
sion can  be  had  by  paying  for  instruction  or  for  the  right  to  he 
admitted,  or  to  which  admission  can  be  had  by  the  purchase,  possession 
or  presentation  of  a ticket  or  token,  or  in  which  a charge  is  made  for 
the  caring  for  clothing  or  other  property. 

Section  1489. — No  public  dancing- academy  shall  be  conducted  nor 
shall  dancing  be  taught  or  permitted  in  any  public  dancing  academy 
unless  it  shall  be  licensed  pursuant  to  this  act,  and  the  license  be  in 
force  and  not  suspended.  Any  person  violating  this  section  shall  be 
guilty  of  a misdemeanor. 

Section  1490. — All  public  dancing  academies  shall  be  licensed  by 
the  mayor  or  other  licensing  authority  of  the  City  of  New  York;  the 
fee  for  each  such  license  shall  lie  fifty  dollars  for  each  year  or  fraction 
thereof.  All  licenses  issued  on  or  between  the  first  day  of  April  and 
the  thirtieth  day  of  September  of  any  year  shall  expire  on  the  thirty- 
first  day  of  March  of  the  succeeding  3’-ear.  All  licenses  issued  on  or 
between  the  first  day  of  October  and  the  thirty-first  day  of  March  of 
any  year  shall  expire  on  tlie  tliirtieth  day  of  September  of  the  succeed- 
ing year.  No  license  shall  be  issued  unless  the  place  for  which  it  is 
issued  complies  with  all  laws,  ordinances,  rules,  and  the  provisions  of 
any  building  code  applicable  thereto,  and  is  a safe  and  proper  place  for 
the  purpose  for  which  it  shall  be  used,  properly  ventilated  and  supplied 
with  sufficient  toilet  conveniences. 

Section  1491. — No  license  shall  be  issued  until  the  licensing  author- 
ity shall  have  received  a written  report  of  an  inspector  and  of  the 
bureaus  and  departments  having  supervision  over  the  building  or 
premises  to  be  licensed  or  the  construction  thereof,  that  it  complies 
with  all  applicable  laws,  ordinances,  rules  and  provisions  of  building 
code.  No  license  shall  be  renewed  except  after  reinspection  by  the 
licensing  authority.  Additional  inspection  of  every  licensed  dancing 
academy  may  be  made  under  the  direction  of  the  licensing  authority. 
All  inspectors  shall  be  permitted  to  have  access  to  all  public  dancing 
academies  at  all  reasonable  times  and  whenever  they  are  open  for  danc- 
ing, instruction  in  dancing  or  for  any  other  purpose.  Inspectors  shall 
be  required  to  report  all  violations.  All  reports  shall  be  in  writing  and 
shall  be  filed  and  made  matters  of  public  record. 

Section  1492. — No  liquors  shall  be  sold,  served  or  given  away  in 

’ For  Pena)  Law  regarding  children  attending  resorts,  see  Appendix  XXX. 


152 


The  Social  Evil  in  New  York  Citt 


any  public  dancing  academy,  or  in  any  room  connected  therewith  or 
on  the  same  floor  of  the  bnilding.  The  word  ‘^fliqnors”  as  used  in  this 
section  shall  be  construed  as  defined  in  the  liquor  tax  law  of  this  state. 

Section  1J^93. — The  license  of  any  public  dancing  academy  shall 
be  forfeited  on  conviction  of  any  person  for  violation  of  section  four- 
teen hundred  and  ninety-two  of  this  act,  or  upon  the  conviction  of 
any  person  for  violation  of  section  four  hundred  and  eighty-four  or 
section  eleven  hundred  and  forty-six  of  the  penal  law  in  or  with  respect 
to  the  premises  of  any  public  dancing  academy.  The  license  of  any 
public  dancing  academy  may  be  revoked  by  the  licensing  authority 
whenever  the  licensed  premises  do  not  comply  with  section  fourteen 
hundred  and  ninety  of  this  act,  provided  that  the  licensee  or  person  in 
charge  shall  be  served  with  a copy  of  the  report  or  complaint,  and  shall 
have  the  right  to  a public  hearing. 

Section  llfOI)-. — The  mayor  or  licensing  authority  of  the  City 
of  New  York  may  appoint  such  inspectors  and  other  officials  neces- 
sary to  carry  out  the  provisions  of  this  act  as  may  he  authorized 
by  the  Board  of  Estimate  and  Apportionment  of  said  city,  or  other 
authority  having  the  right  to  appropriate  public  moneys.  The  money 
paid  for  licenses  under  this  act  shall  be  applied  toward  the  payment 
of  the  salaries  of  the  inspectors  appointed  hereunder.  Any  deficiency 
and  any  other  expense  of  carrying  this  act  into  effect  until  appropria- 
tion can  be  made  therefor  shall  be  met  by  the  issue  of  revenue  bonds 
of  the  city. 


APPENDIX  X. 

Seduction  Under  Promise  of  Marriage. 

Penal  Law,  Sections  2175-2176-2177. 

Section  2175. — A person  who,  under  the  promise  of  marriage,  se- 
duces and  has  sexual  intercourse  with  an  unmarried  female  of  previous 
chaste  character,  is  punishable  by  imprisonment  for  not  more  than 
five  years,  or  by  the  fine  of  not  more  than  one  thousand  dollars,  or  both. 

Section  2176. — Bar  to  prosecution. — The  subsequent  intermarriage 
of  the  parties,  or  the  lapse  of  two  years  after  the  commission  of  the 
offense  before  the  finding  of  an  indictment,  is  a bar  to  a prosecution  for 
a violation  of  this  section. 

Section  2177. — No  conviction  on  unsupported  testimony. — No  con- 
viction can  be  had  for  an  offense  specified  in  the  last  section,  upon  the 
testimony  of  the  female  seduced,  unsupported  by  other  evidence. 


Appendices 


153 


APPEA^DIX  XT. 

COMPULSOKY  Marriage. 

Penal  Law,  Sections  532-533. 

Section  5S2. — A person  who  by  force,  menace  or  dnress,  compels 
a woman  against  her  will  to  marry  him,  or  to  marry  any  other  person, 
or  to  be  defiled,  is  punishable  by  imprisonment  for  a term  not  exceed- 
ing ten  years,  or  by  a fine  of  not  more  than  one  thousand  dollars, 
or  by  both. 

Section  533. — Xo  conviction  on  certain  testimony. — No  conviction 
can  be  had  for  compulsory  marriage  upon  the  testimony  of  the  female 
compelled,  unsupported  by  other  evidence. 


APPENDIX  XII. 

Compulsory  Prostitution  of  Wife. 

Penal  Law,  Sections  1090-1091. 

Section  1090. — Any  man  who  by  force,  fraud,  intimidation  or 
threats,  places  or  leaves,  or  procures  any  other  person  to  place  or  leave, 
his  wife  in  a house  of  prostitution,  or  to  lead  a life  of  prostitution, 
shall  be  guilty  of  a felony,  and  upon  conviction  thereof  shall  be  im- 
prisoned for  not  more  than  ten  years- 

Section  1091. — Wife  a competent  witness. — In  aU  prosecutions 
under  the  previous  section,  the  wife  shall  be  a competent  witness 
against  the  husband,  but  no  conviction  under  this  article  shall  be  had 
upon  the  testimony  of  the  wife  unsupported  by  other  evidence. 


154 


The  Social  Evil  in  New  York  City 


APPENDIX  XIII. 

Compulsory  Prostitution  of  Women. 

Penal  Law,  Section  2460. 

1.  Any  person  who  shall  place  any  female  in  the  charge  or  custody 
of  any  other  person  for  immoral  purposes,  or  in  a house  of  prostitution 
with  intent  that  she  shall  live  a life  of  prostitution;  or  any  person  who 
shall  compel  any  female  to  reside  with  him  or  with  any  other  person 
for  immoral  purposes,  or  for  the  purposes  of  prostitution,  or  shall 
compel  any  such  female  to  reside  in  a house  of  prostitution  or  compel 
her  to  live  a life  of  prostitution  is  punishable  by  a fine  of  not  less  than 
one  thousand  dollars  nor  more  than  five  thousand  dollars,  or  by  im- 
prisonment for  not  less  than  one  year  nor  more  than  three  years,  or  by 
both  such  fine  and  such  imprisonment. 

2.  Any  person  who  shall  receive  any  money  or  other  valuable  thing 
for  or  on  account  of  placing  in  a house  of  prostitution  or  elsewhere 
any  female  for  the  purpose  of  causing  her  to  cohabit  with  any  male 
person  or  persons  to  whom  she  is  not  married  shall  be  guilty  of  a 
misdemeanor. 

3.  Any  person  who  shall  pay  any  money  or  other  valuable  thing 
to  procure  any  female  for  the  purpose  of  placing  her  for  immoral 
purposes  in  any  house  of  prostitution  or  elsewhere  against  her  will, 
shall  be  fined  not  less  than  one  thousand  dollars- nor  more  than  five 
thousand  dollars,  and  be  imprisoned  for  a period  not  less  than  one 
year,  nor  more  than  three  years. 

4.  Every  person  who  shall  knowingly  receive  any  money  or  other 
valuable  thing  for  or  on  account  of  procuring  or  placing  in  the  custody 
of  another  person  for  immoral  purposes  an}^  woman,  with  or  without 
her  consent,  is  punishable  by  imprisonment  not  exceeding  five  years, 
and  a fine  not  exceeding  one  thousand  dollars. 

5.  No  conviction  shall  be  had  under  this  section  upon  the  testi- 
mony of  the  female  unless  supported  by  other  evidence. 


Appendices 


155 


APPENDIX  XIV. 

Vagrants. 

Code  of  Criminal  Procedure,  Sections  887-891-892. 

Section  887  (as  amended) .—The  following  persons  are  vagrants: 

1.  A person  who,  not  having  visible  means  to  maintain  himself, 
lives  without  employment; 

3.  A person  who  has  contracted  an  infectious  or  other  disease,  in 
the  practice  of  drunkenness  or  debauchery,  requiring  charitable  aid  to 
restore  him  to  health; 

4.  A common  prostitute,  who  has  no  lawful  employment,  whereby 
to  maintain  herself; 

9.  (Added  in  1900).  Ever}'  male  person  who  lives  wholly  or  in 
part  on  the  earnings  of  prostitution,  or  who  in  any  public  place  solicits 
for  immoral  purposes.  A male  person  who  lives  with  or  is  habitually 
in  the  company  of  a prostitute  and  has  no  visible  means  of  support, 
shall  be  deemed  to  be  living  on  the  earnings  of  prostitution. 

Section  891  (as  amended  in  1898). — Vagrant;  when  to  be  con- 
victed; form  of  certificate  of  conviction. — If  the  magistrate  be  satis- 
fied, from  the  confession  of  the  person  so  brought  before  him,  or  by 
competent  testimony,  that  he  is  a vagrant,  and  has  resided  in  the 
county  for  a period  of  six  months  prior  to  his  arrest,  he  must  convict 
him,  and  must  make  and  sign,  with  his  name  of  office,  'a  certificate 
substantially  in  the  following  form: 

“I  certify  that  A B,  having  been  brought  before  me,  charged  with  being  a 
vagrant,  I have  duly  examined  the  charge,  and  that  upon  his  own  confession 
in  my  presence  (or  upon  the  testimony  of  C D,  etc.,  naming  the  witnesses), 
by  which  it  appears  that  he  is  a person  (pursuing  the  description  contained 
in  the  subdivision  of  section  eight  hundred  and  eighty-seven,  which  is 
appropriate  to  the  case),  and  if  convicted  under  subdivisions  one,  five  or 
six  of  section  eight  hundred  and  eighty-seven,  that  he  has  resided  in  the 

county  of for  a period  of  six  months  immediately  prior  to  his 

arrest,  I have  adjudged  that  he  is  a vagrant.  Dated  at  the  town  (or  city) 

of  the  day  of  i8 

“E.  F. 

“Justice  of  the  Peace  of  the  town  of ” (or  as  the  case  may  be). 

Section  893.  (Added  1898.) — Certificate  to  constitute  record  of 
conviction,  and  to  be  filed;  commitment  of  vagrants. — The  magistrate 
must  immediately  cause  the  certificate  which  constitutes  the  record  of 
conviction,  together  with  the  testimony  taken  before  him  as  to  the 
residence  of  such  vagrant,  to  be  filed  in  the  office  of  the  clerk  of  the 
county,  and  must,  by  a warrant  signed  by  him,  with  his  name  of  office, 
commit  the  vagrant,  if  not  a notorious  offender  and  a proper  object 
for  such  relief,  to  the  county  poorhouse,  if  there  be  one,  or  to  the  alms- 
house or  poorhouse  of  the  city,  village  or  town,  for  not  exceeding  six 
months  at  hard  labor,  or,  if  the  vagrant  be  an  improper  person  to  be  so 
committed,  he  must  be  committed  for  a like  term  to  the  coimty  jail. 
In  those  counties  of  the  state  where  the  distinction  between  county 
poor  and  town  poor  is  maintained,  the  expense  of  the  conviction  and 


156 


The  Social  Evil  in  New  York  City 


maintenance  during  the  commitment  of  any  vagrant  committed  to  any 
one  of  the  places  of  confinement  above  specified,  who  shall,  at  the  time 
of  such  commitment,  have  obtained  a legal  settlement  in  one  of  the 
towns  of  the  county  in  which  said  persons  shall  be  convicted,  shall  be 
a charge  upon  the  town  where  they  may  reside  at  the  time  of  such 
commitment. 


Appendices 


157 


APPENDIX  XIV  A. 

Vagrants. 

Charter  Provisions,  Sections  707-712. 

Section  707. — Whenever  any  person  other  than  a child  under  the 
age  of  sixteen  years  is  convicted  in  the  City  of  New  York  as  constituted 
by  this  act,  of  public  intoxication,  disorderly  conduct  or  vagrancy,  the 
court  or  magistrate,  before  which  or  whom  such  conviction  is  had,  shall, 
if  it  or  he  do  not  suspend  sentence  as  hereinafter  provided,  impose 
upon  the  person  so  convicted  one  or  other  of  the  penalties  herein  pro- 
vided. 

Upon  a charge  of  vagrancy  if  the  person  so  convicted  be  a prosti- 
tute between  the  ages  of  16  and  21,  the  court  or  magistrate  may  com- 
mit such  person,  for  not  exceeding  one  year,  in  the  boroughs  of  Man- 
hattan and  the  Bronx,  to  the  Eoinan  Catholic  House  of  the  Good 
Shepherd,  the  Protestant  Episcopal  House  of  Mercy  or  the  New  York 
Magdalen  Benevolent  Society;  in  the  borough  of  Brooklyn,  to  the 
Wayside  Home,  House  of  the  Good  Shepherd,  or  the  Bethesda  Home ; 
and  in  the  other  boroughs  to  one  of  the  above  named  institutions  or  to 
any  other  similar  institution  for  women  incorporated  to  carry  on  re- 
formatory or  rescue  work  in  the  City  of  New  York.  All  other  per- 
sons convicted  upon  a charge  of  vagrancy,  including  persons  convicted 
as  prostitutes  and  not  committed  to  a reformatory  as  herein  above 
provided  shall  be  committed,  in  the  boroughs  of  Manhattan  and  the 
Bronx,  to  the  workhouse  on  Blaclovell’s  Island;  in  the  borough  of 
Brooklyn  to  the  penitentiary  of  said  borough,  and  in  the  other  boroughs 
of  said  city  to  a county  jail,  for  the  term  of  six  months. 

Upon  a charge  of  public  intoxication  or  of  disorderly  conduct  the 
court  or  magistrate  may  impose  a penalty  as  follows : 

1.  Commit  the  person  so  convicted  in  the  boroughs  of  Manhattan 
and  the  Bronx,  to  the  workhouse  ; in  the  borough  of  Brooklyn  to  the 
penitentiary  of  said  borough,  and  in  the  other  boroughs  of  the  said 
city  to  a county  jail  or  to  said  workhouse  or  to  said  penitentiary,  to 
be  detained  for  the  term  of  six  months. 

2.  Impose  a fine  not  exceeding  ten  dollars.  Upon  the  payment  of 
the  fine  imposed,  the  person  so  convicted  shall  lie  forthwith  discharged 
from  custody.  If,  in  the  judgment  of  the  court  or  magistrate,  the 
person  so  convicted  may  be  relied  upon  to  pay  the  fine  imposed  within 
a reasonable  time,  the  person  so  convicted  may  be  conditionally  re- 
leased, and  shall  be  furnished  by  the  elerk  of  the  court  with  a written 
certificate  that  he  is  released  upon  condition  that  the  fine  imposed  be 
paid  into  court  within  a time  to  be  named  in  the  certificate.  If  the 
fine  be  not  paid  within  such  time,  the  court  or  magistrate  sitting  in  the 
magistrate’s  court  in  which  such  conviction  was  had,  shall  issue  a war- 
rant for  the  arrest  of  such  person,  and  shall  commit  him  pursuant  to 
the  provisions  of  this  section,  as  to  commitment  in  case  of  the  non- 
payment of  a fine  imposed,  in  the  same  manner  as  if  he  had  not  there- 
tofore been  conditionally  released.  If  the  fine  imposed  be  not  paid 
forthwith,  the  person  so  fined  shall,  if  he  be  not  conditionally  released 
as  hereinabove  provided,  be  committed,  in  the  boroughs  of  Manhattan 


158 


The  Social  Evil  in  New  York  City 


and  the  Bronx,  to  a city  prison  or  county  jail,  and  in  the  other  boroughs 
of  said  city  to  the  county  jail  of  the  county  in  which  he  shall  have  been 
convicted,  for  not  exceeding  ten  days,  each  day  of  imprisonment  to  be 
taken  as  a Ifquidation  of  one  dollar  of  the  fine. 

3.  Eequire  any  person  convicted  of  disorder^  conduct  to  give 
sufficient  surety  or  sureties  for  his  good  behavior  for  a period  of  time, 
to  be  recited  in  the  commitment,  of  not  more  than  six  months.  In 
default  of  giving  such  surety  forthivith.  the  court  or  magistrate  shall 
commit  such  person,  in  the  boroughs  of  Manhattan  and  the  Bronx  to 
the  city  prison,  to  be  thereafter  transferred  to  and  detained  in  the 
workhouse,  in  the  borough  of  Brookhm  to  the  penitentiary,  and  in  the 
other  boroughs  of  said  city  to  the  county  jail  of  the  county  in  which 
he  shall  have  been  convicted,  or  to  said  workhouse,  or  to  said  peniten- 
tiary, to  be  there  detained,  unless  sooner  discharged  pursuant  to  section 
seven  hundred  and  eleven  of  this  act,  until  such  suret}'  is  furnished, 
or  until  the  expiration  of  the  period  of  time  fixed  by  said  commitment 
as  aforesaid. 

Nothing  in  this  section  contained  shall  be  so  construed  as  to  pre- 
vent any  court  or  magistrate  from  committing  any  person  so  convicted 
to  any  state  institution  to  which,  and  for  any  term  longer  than  six 
months,  for  which  such  magistrate  may  now  be  authorized  to  commit 
by  law.’- 

Section  707-a. — YTienever  a woman  between  the  ages  of  sixteen  and 
thirty  is  convicted  in  the  City  of  New  York  of  habitual  drunkenness, 
of  being  a common  prostitute,  of  soliciting  on  public  streets  or  places 
for  purposes  of  prostitution,  of  frequenting  disorderly  houses  or  houses 
of  prostitution,  or  of  vagrancy  under  subdivisions  three  or  four  of 
section  eight  hundred  and  eighty-seven  of  the  Code  of  Criminal  Pro- 
cedure, she  may  be  committed  to  the  State  Eeformatory  for  Women  at 
Bedford,  pursuant  to  the  provisions  of  section  one  hundred  and  forty- 
six  of  the  State  Charities  law,  to  be  there  confined  suliject  to  the 
provisions  of  such  law  and  of  any  other  statute  relating  to  such  re- 
formatory. (Added  by  L.  1905,  eh.  610.) 

Section  70S.- — ^Where  a commitment  has  been  made  to  the  work- 
house,  penitentiary  or  county  jail  under  any  of  the  provisions  of  sec- 
tion seven  hundred  and  seven  of  this  act,  except  subdivision  two 
thereof,  it  shall  be  the  duty  of  the  superintendent,  warden,  sheriff,  or 
other  person  having  charge  of  such  institution,  within  twenty-four 
hours  after  such  commitment,  to  ascertain  from  the  records  of  the  insti- 
tution within  his  charge  and  from  examination  and  inspection  of  the 
person  committed  as  aforesaid  whether  such  person  has  within  two 
years  next  preceding  the  date  of  his  commitment,  been  previously  com- 
mitted to  such  institution  upon  conviction  of  public  intoxication,  dis- 
orderly conduct  or  vagrancy.  It  shall  also  be  his  duty,  if  such  commit- 
ment has  been  made  to  the  workhouse  or  penitentiary  within  such 
twenty-four  hours,  to  make  an  examination  and  take  the  measurements 
of  any  such  person,  unless  such  person  has  been  committed  because  of 
the  fact  that  he  is  destitute  or  homeless,  according  to  the  system  known 

1 For  duties  of  Probation  Officers  in  regard  to  persons  accused  of  vagrancs',  see  -Appendix 
XVII  A. 


Appendices 


159 


as  the  Bertillon  system.  It  shall  also  be  his  duty  within  twenty-four 
hours  to  transmit  to  the  commissioner  a written  certificate  showing  the 
name,  aliases,  sex,  age,  residence,  occupation,  height,  weight,  and  the 
color  of  the  hair  of  any  such  person  and  describing  the  measurements, 
scars,  marks,  deformities,  or  other  signs  whereby  such  person  may  be 
subsequently  identified,  the  date  of  commitment,  and  the  name  of  the 
court  or  magistrate  by  which  or  whom  such  commitment  was  made. 
Such  certificate  shall  also  show  whether  such  person  has  been  previously 
committed  to  such  institution  within  the  period,  and  for  any  one  of  the 
causes  above  specified,  and,  if  so,  the  number  of  times  that  such  person 
had  been  so  committed  during  such  period,  the  date  of  the  last  previous 
commitment  of  such  person  for  either  of  said  offenses,  the  name  of  the 
court  or  magistrate  b}’'  which  or  by  whom,  and  the  offense  for  which 
such  last  previous  commitment  was  made,  and  the  period  of  detention 
under  such  last  previous  commitment.  The  Board  of  Estimate  and 
Apportionment  shall  provide  the  salaries  for  such  clerks  and  assistants 
as  may  be  necessary  to  carry  into  effect  the  provisions  of  this  section. 
(As  amended  by  L.  1905,  ch.  638,  sec.  2.) 

Section  709. — It  shall  be  the  duty  of  the  commissioner  to  keep  a 
book  or  books,  card  index  or  other  register  in  which  shall  be  properly 
recorded  the  names  of  all  persons,  whose  commitments  have  been  cer- 
tified to  him  as  required  by  section  seven  hundred  and  eight  of  this 
act,  and 'all  other  facts  which  shall  be  certified  to  him  as  liei’ein  re- 
quired liy  the  superintendent,  warden  or  sheriff  having  cha'rge  of  the 
institution  to  which  such  person  shall  have  been  committed.  Such 
book  or  books,  index  or  register,  are  hereby  declared  to  be  public 
records  and  shall  be  open  to  public  inspection,  and  shall  be  indexed  and 
kept  so  as  to  show  whether  any  person  whose  commitments  have  been 
so  certified  to  him  have  been  previously  committed  within  two  years 
next  preceding  such  commitment  for  any  of  the  causes  herein  speci- 
fied. (As  amended  by  L.  1905,  ch.  638,  sec.  3.) 

Section  710. — Time  of  discharge,  how  to  be  ascertained  and  dis- 
charge of  persons  committed. — Witliin  two  days  after  the  commitment 
of  any  person  upon  a conviction  of  vagrancy  or  under  subdivision  one 
of  section  seven  hundred  and  seven  of  this  act,  it  shall  be  the  duty  of 
the  commissioner  to  ascertain  from  the  aforesaid  records  whether  such 
person  has  been  committed  to  the  workhouse,  penitentiary  or  county 
jail  within  two  years  next  preceding  the  date  of  such  commitment  for 
public  intoxication,  disorderly  conduct  or  vagrancy,  and  to  make  a 
written  order  specifying  the  date  at  wliich  said  person  shall  be  dis- 
charged as  follows,  namely:  in  the  case  of  a person  who  has  not  pre- 
viously been  committed  for  any  one  of  the  offenses  herein  specified 
within  two  years  next  preceding  the  date  of  his  last  commitment  the 
said  order  shall  direct  that  such  person  shall  be  discharged  at  the 
expiration  of  five  days  from  the  date  of  his  commitment;  in  the  case 
of  a person  who  has  been  committed  once  before  within  the  period  of 
two  years  next  preceding  the  date  of  his  commitment  for  any  of  the 
offenses  herein  specified,  the  said  order  shall  direct  that  such  person 
shall  be  discharged  at  the  expiration  of  twenty  days  from  the  date  of 
his  commitment;  and  in  the  case  of  a person  who  has  been  committed 


]60 


The  Social  Evil  in  New  York  City 


more  than  once  before  during  the  two  years  next  preceding  the  date  of 
his  commitment  for  any  of  the  offenses  herein  specified,  the  said  order 
shall  direct  that  such  person  shall  be  discharged  at  the  expiration  of  a 
period  equal  to  twice  the  term  of  his  detention  under  the  last  previous 
commitment,  but  not,  in  any  event,  exceeding  the  period  fixed  by  the 
warrant  of  commitment:  provided,  however:  Eirst,  that  in  case  of  a 
person  committed  upon  conviction  of  vagrancy  no  order  for  the  dis- 
charge of  such  person  before  the  period  fixed  by  the  warrant  of 
commitment  shall  be  made  wthout  the  written  consent,  endorsed  upon 
such  order,  of  the  court  or  magistrate  by  which  or  whom  such  vagrant 
was  committed.  Second,  that  whenever  the  period  of  detention  of  any 
such  person  under  his  last  previous  commitment  shall  have  exceeded 
the  period  of  detention  provided  for  by  this  section,  either  by  reason 
of  his  detention  or  failure  to  furnish  security  for  his  good  behavior 
or  by  reason  of  the  detention  of  such  person  upon  a conviction  of 
vagrancy,  beyond  the  period  of  detention  so  provided  for,  or  by  the 
ceasing,  as  hereinafter  provided,  of  the  right  of  such  person  to  be 
discharged  before  the  expiration  of  the  full  period  fixed  by  the  original 
warrant  of  commitment,  then  such  excess  of  detention  under  his  li^st 
previous  commitment  shall  not  be  considered  by  the  commissioner  in 
determining  the  date  of  his  discharge  under  the  existing  commitment. 
Third,  in  specifying  the  date  at  which  such  person  shall  be  discharged, 
the  commissioner  shall  not  consider  the  records  of  any  other  institu- 
tion than  that  to  which  such  person  has  befen  committed  by  the  exist- 
ing commitment.  The  said  order  shall  also  contain,  with  respect  to 
the  person  thereby  discharged  the  dates  of  any  of  his  previous  com- 
mitments within  two  years  next  preceding  the  date  of  the  existing 
commitment,  and  also  the  actual  periods  of  detention  under  any  such 
previous  commitments,  and  the  said  order  shall  forthwith  be  trans- 
mitted to  the  superintendent,  warden  or  sheriff  having  charge  of  the 
institution  to  which  such  person  has  been  committed,  who  shall 
discharge  such  person  accordingly.  It  shall  be  the  duE’  of  the  said 
superintendent,  warden  or  sheriff',  as  the  case  may  be.  whenever  the 
date  of  discharge  named  in  such  order  is  more  than  five  days  from 
the  date  of  the  warrant  of  commitment,  to  serve,  within  twenty-four 
hours  thereafter,  a cop)'^  of  said  order  and  of  section  seven  hundred 
and  ten  of  this  act  upon  the  person  named  therein,  and  such  person 
may,  within  twenty-four  hours  after  such  service,  notify  the  super- 
intendent, warden  or  sheriff  in  writing,  that  he  claims  the  date  of 
discharge  named  in  the  said  order  to  be  erroneous,  for  the  reason  that 
he  has  not  in  fact  been  previously  conunitted  upon  one  or  more  of 
the  dates  specified  in  said  order  as  those  of  his  previous  commitment.s 
under  section  seven  hundred  and  seven  of  this  act.  Upon  receipt 
of  such  notification,  the  superintendent,  warden  or  sheriff  shall  cause 
such  person  to  be  again  brought  before  the  court  or  magistrate  by 
which  or  whom  he  ivas  last  committed.  If  such  court  be  not  then  in 
session  or  if  such  magistrate  be  not  then  sitting,  then  such  person  shall 
be  brought  before  any  magistrate  sitting  in  the  borough  in  which 
such  person  was  last  committed.  No  such  person  shall  be  so  brought 
before  the  court  or  magistrate,  except  upon  twenh'-four  hours’  notice 


Appendices 


161 


and  after  an  opportunit}'  shall  have  been  given  him  to  retain  counsel 
and  subpoena  such  witnesses  as  he  desires.  It  shall  be  the  duty  of  the 
court  or  magistrate  before  which  or  whom  such  person  is  brought 
thereupon  to  hear  and  determine  the  question  whether  such  person 
has  in  fact  been  previously  committed  at  the  dates  and  detained  for  the 
periods  named  in  said  ordei’,  and  to  make  an  order  modifying  said 
order  so  as  to  provide  for  a date  of  discharge  under  the  last  commit- 
ment, in  accordance  with  the  facts  and  according  to  the  provisions 
established  by  this  section  for  the  guidance  of  the  commissioner.  If 
upon  the  hearing,  the  said  court  or  magistrate  shall  determine  that 
the  facts  recited  in  the  said  order  are  true,  it  or  he  shall  make  a 
written  finding  to  that  effect ; and  thereupon  any  right  of  the  prisoner 
to  be  discharged  before  the  expiration  of  the  full  period  fixed  by  the 
original  warrant  shall  cease,  and  the  said  prisoner  shall  be  detained 
until  the  expiration  of  said  period.  The  date  of  any  order  made 
pursuant  to  this  section  and  the  name  of  the  person  whose  period  of 
detention  is  fixed  thereb^q  and  the  period  of  detention  therein  specified 
shall  be  entered  in  the  records  required  to  be  kept  by  section  seven 
hundred  and  nine  of  this  act,  and  the  said  order  shall  forthwith  he 
transmitted  to  the  superintendent,  warden  or  sheriff  having  charge 
of  the  institution  to  which  such  person  has  been  committed.  Upon 
the  expiration  of  the  term  of  detention  of  any  such  person  and  upon 
the  discharge  of  the  person  named  therein,  it  shall  he  the  duty  of  such 
superintendent,  warden  or  sheriff,  as  the  case-  may  be,  forthwith  to 
return  such  order,  with  a written  certificate  endorsed  thereon,  specify- 
ing the  date  of  the  discharge  of  the  person  named  therein,  to  the 
commissioner,  who  shall  preserve  the  same  as  a public  record.  (As 
amended  by  L.  1905,  ch.  G38,  sec.  4.) 

Section  711. — In  any  case  where  a person  has  been  committed 
under  subdivision  three  of  section  seven  hundred  and  seven  of  this 
act,  and  in  any  case  coming  under  section  seven  hundred  and  ten  of 
this  act,  where  the  date  of  discharge  named  in  the  commissioner’s 
order  shall  he  more  than  20  da3's  and  less  than  160  days  after  the 
date  of  the  last  warrant  of  commitment,  the  magistrate  who  signed 
the  last  warrant  of  commitment,  may,  after  the  expiration  of  20  da^'^s, 
direct  the  discharge  of  any  person  so  committed,  hut  no  such  order 
shall  be  granted  by  any  magistrate  in  any  case  where  the  order  of  the 
commissioner  has  been  reviewed  by  a court  or  magistrate  as  provided 
by  section  seven  hundred  and  ten  of  this  act,  and  the  facts  recited 
therein  have  been  found  to  be  true,  nor  ffiall  sucb  order  he  granted 
by  any  magistrate  except  upon  the  written  certificate  of  the  com- 
missioner specifying  the  date  of  discharge  named  by  him  for  the 
person  so  committee!  and  upon  an  affidavit  setting  forth  facts  which, 
in  the  opinion  of  said  magistrate,  shall  justify  such  discharge.  The 
said  affidavit  and  certificate  shall  be  filed  and  preserved  with  the 
complaint  upon  which  such  person  was  last  convicted.  Upon  any 
subsequent  commitment  upon  a conviction  of  vagrancy  or  under  sub- 
j division  one  of  section  seven  hundred  and  seven  of  this  act  of  a 
person  so  discharged,  the  commissioner  shall  direct  the  discharge  of 
such  person  after  the  expiration  of  the  term  for  which  he  would  have 


162 


The  Social  Evil  in  New  York  City 


been  detained  under  the  existing  commitment  if  no  such  order  had 
been  granted.  (L.  1896,  ch.  886,  sec.  5.) 

Section  712. — Transfer  of  inmates  by  commissioner. — The  com- 
missioner may  transfer  and  commit  and  cause  to  be  transferred 
and  committed  from  the  workhouse  to  the  cit}'  prison  or  to  either 
of  the  peniteiitiaries  or  to  any  other  of  the  institutions  in  the 
department,  any  person  committed  to  the  workhouse  under  section 
seven  hundred  and  seven  of  this  act,  whenever  such  transfer  shall 
be  necessary  for  the  proper  care  and  management  of  such  city 
prison,  penitentiaries  or  other  institutions  or  for  the  proper  employ- 
ment of  such  person.  Tlie  commissioner  may  also  transfer  and  com- 
mit and  cause  to  be  transferred  from  the  workhouse  to  the  city  prison 
or  said  penitentiaries,  any  person  committed  to  the  workhouse  under 
section  seven  iiundred  and  seven  of  this  act,  whenever,  by  reason  of 
the  number  of  offenders  actually  detained  in  such  workhouse  at  any- 
time, there  shall  not  be  accommodation  therein  for  all  the  persons  com- 
mitted thereto;  and  in  like  manner  the  commissioner  may  in  his  dis- 
cretion transfer  prisoners  from  one  penitentiary  within  the  department 
or  from  one  district  prison  to  another  district  prison  within  the  de- 
partment. The  commissioner  may  also  transfer  and  commit  or  cause 
to  be  transferred  and  committed  from  the  city  prison  or  either  of 
said  penitentiaries  to  the  workhouse  to  be  detained  or  employed 
therein  any  person  who  shall  have  been  duly  committed  thereto.  (L. 
1896,  eh.  886,  see.  6.) 


Appendices 


163 


APPENDIX  XAE 

Disorderly  Conduct. 

Chapter  410,  Laws  of  1882,  Section  1458. 

Every  person  in  said  city  and  county  shall  be  deemed  guilty 
of  disorderly  conduct,  that  tends  to  a breach  of  the  peace,  who  shall 
in  any  thoroughfare  or  public  place  in  said  city  and  county  commit  any 
of  the  following  offenses,  that  is  to  say:  * * * * 

2.  Every  common  prostitute  or  nightwalker  loitering  or  being  in 
any  thoroughfare  or  public  place  for  the  purpose  of  prostitution  or 
solicitation,  to  the  annoyance  of  the  inhabitants  or  passers-by.  * * * * 


164 


The  Social  Evil  in  New  York  City 


APPENDIX  XVI. 

Abstract  erom  Decision  by  Mr.  Justice  Ingeaha]m^  of  the 

Appellate  Division,  Eegarding  the  Eelease  of  Vagrants 
AND  Disorderly  Persons  from  the  Workhouse; 

Together  with  Comments  by  Commis- 
sioner of  Accounts. 

Mr.  Justice  Ingraham,  of  the  Appellate  Division,  Pirst  Department, 
in  the  matter  of  the  removal  from  office  of  Otto  H.  Droege,  a city  mag- 
istrate, on  the  charge  of  releasing  prisoners  from  the  workhouse  in 
violation  of  the  provisions  of  section  seven  hundred  and.  eleven  of  the 
Charter,  says: 

“The  orders  discharging  the  prisoners  were,  therefore,  imauthorized, 
and  the  Commissioner  of  Correction  or  the  superintendent  or  other 
person  having  charge  of  the  workhouse  should  not  have  obeyed  them.”^ 

In  commenting  on  this  decision,  the  Commissioner  of  Accounts 
in  a report  on  Accounts  and  Methods  of  the  Night  Court,  says; 

“Irrespective  of  the  Droege  decision,  however,  it  would  seem  that  the 
Commissioner  of  the  Department  of  Correction  and  his  subordinates  are 
chargeable  directly  with  a responsibility  in  these  cases  of  illegal  discharge. 
When  releases  are  made  from  the  w-orkhouse,  except  in  cases  of  disorderly 
persons,  the  discharge  papers  are  stamped  and  countersigned  by  the  commis- 
sioner or  deputy  commissioner  and  are  then  filed  away.  While  we  find  no 
provision  of  law  requiring  this,  the  act  can  hardly  be  considered  one  of 
mere  supererogation.  These  officials,  by  thus  tacitly  consenting  to  the 
unauthorized  liberation  of  prisoners  by  magistrates,  have  in  effect  participated 
therein,  in  contravention  of  an  unambiguous  statute  which  their  official  posi- 
tions require  them  to  be  conversant  with. 

“If  there  were  any  reason,  either  in  expediency  or  law,  for  the  counter- 
signature  and  approval,  by  officials  of  the  Department  of  Correction,  of 
legal  and  authorized  discharges  on  orders  of  magistrates,  it  would  be  in  its 
preventive  value  in  stopping  improper  discharges.  In  practice,  however  this 
beneficial  result  is  prevented  even  in  such  cases,  since  most  of  the  discharge 
papers  received  at  the  workhouse  come  direct  from  the  courts,  and  the 
prisoners  are  released  before  approval  by  the  Commissioner  of  Correction 
or  his  deputy.  We  are  informed,  however,  that  after  the  release,  the  dis- 
charge papers  are  forwarded  to  the  central  office  of  the  department  for  the 
commissioner’s  indorsement.  Obviously,  this  is  too  late  to  have  any  immediate 
effect  in  preventing  illegal  or  improper  discharges,  if  that  be  the  object  of 
this  practice. 

“The  department  records  contain  no  information  from  which  it  is  possible 
to  learn,  in  a given  case,  whether  the  discharge  paper  was  presented  at  the 
workhouse  by  a court  official  or  by  a friend  or  relative  of  the  prisoner  or 
whether  it  was  sent  through  the  mail,  all  these  different  means  of  trans- 
mission being  in  equally  common  use.  It  is  also  impossible  to  ascertain  from 
the  records  whether  a prisoner  discharged  “on  probation”  was  actually  dis- 
charged into  the  custody  of  a probation  officer,  or  was  released  without 
control  of  any  kind”.- 


'129  App.  Div.  866  (876). 

“ Report  on  a Special  Examination  of  the  Accounts  and  Methods  of  the  Night 
Court,  Sept.  3,  1909,  Appendix,  p.  99  : also  pages  32-34. 


Appendices 


165 


APPENDIX  XAII. 

Pkobation. 

Code  of  Criminal  Procedure,  Sections  lla-4S3-487. 

This  is  an  amendment  to  §182,  made  in  1907.  Xo  penalty  is 
prescribed. 

Section  IZa.  Probation  office;  appointment  and  duties. — 1.  The 
magistrates  of  the  courts  having  original  jurisdiction  of  criminal 
actions  in  tlie  state,  may  from  time  to  time  appoint  a person  or  persons 
to  perform  the  duties  of  probation  officer  or  officers  as  hereinafter 
described,  within  the  jurisdiction  of  the  courts  of  such  magistrates  and 
under  the  direction  of  such  magistrates,  to  hold  such  office  during  the 
pleasure  of  the  magistrate  or  magistrates  making  such  appointment 
and  of  their  successors.  Such  probation  officer  or  officers  may  be 
chosen  from  among  the  officers  of  a society  for  the  prevention  of  cruelty 
to  children  or  of  any  charitable  or  benevolent  institution,  society  or 
association  now  or  hereafter  duly  incorporated  under  the  laws  of  this 
state,  or  be  reputable  private  citizens,  male  or  female.  The  appoint- 
ment of  a probation  officer  must  be  made  in  writing  and  entered  on 
the  records  of  the  court  of  the  magistrate  or  magistrates  .making  such 
appointment,  and  copies  of  the  order  of  appointment  must  be  delivered 
to  the  officer  so  appointed  and  filed  with  the  state  probation  commis- 
sion. Any  officer  or  member  of  the  police  force  of  any  city  or  incor- 
porated village  who  may  be  detailed  to  do  duty  in  such  courts,  or  any 
constable  or  peace  officer,  may  be  appointed  as  probation  officer  upon 
the  order  of  any  magistrate  as  herein  provided.  Whenever  in  a city  of 
the  first  class  members  of  the  police  force  have  been  appointed  proba- 
tion officers  as  hereinabove  provided  and  are  serving  as  probation  officers 
under  the  direction  of  a majority  of  the  members  of  a board  of  city 
magistrates,  the  Commissioner  of  Police  upon  the  request  of  any  other 
magistrate  of  such  board  shall  detail  to  such  other  magistrate  a mem- 
ber of  the  police  force  who  may  be  appointed  by  such  magistrate  as  a 
probation  officer.  Xo  probation  officer  appointed  under  the  provisions 
of  this  section  shall  receive  compensation  for  his  services  as  such  pro- 
bation officer  until  allowed  by  proper  ordinance  or  resolution,  as  here- 
inafter prescribed,  but  this  shall  not  be  construed  to  deprive  any 
officer  or  member  of  the  police  force,  or  any  constable  or  peace  officer, 
appointed  probation  officer  as  herein  provided,  from  receiving  the  sal- 
ary or  compensation  attached  to  his  said  official  employment.  The 
Board  of  Estimate  and  Apportionment  in  the  City  of  Xew  York  and 
the  appropriate  municipal  board  or  body  of  any  other  city  or  village,  or 
the  board  of  supervisors  of  any  county,  may  in  their  discretion  deter- 
mine whether  probation  officers,  not  detailed  from  other  branches  of  the 
public  service,  shall  receive  a salar}^  and  if  they  shall  so  determine, 
they  may  fix  the  amount  thereof  and  provide  for  its  payment,  and  they 
may  also  provide  for  the  necessary  expenses  of  probation  officers. 
Whenever  provision  is  made  for  the  payment  of  a salary  by  the  appro- 
priate municipal  board  or  body  in  any  city  or  village  to  a probation 
officer  who  is  to  be  attached  to  a court  presided  over  by  a magistrate 
sitting  alone,  the  appointment  of  such  probation  officer  shall  be  made 


166 


The  Social  Evil  in  New  York  City 


by  that  magistrate.  Whenever  provision  is  made  for  the  payment 
of  a salary  by  the  aiipropriate  municipal  board  or  body  in  any  cit}'  or 
village  to  a probation  officer  who  is  to  serve  in  a court  wherein  several 
magistrates  are  sitting  together,  or  in  rotation,  or  in  a court  or  courts 
wherein  there  is  a board  of  magistrates,  the  appointment  of  such  pro- 
bation officer  shall  be  made  by  all  the  magistrates  jointly,  or  by  a 
majority  thereof,  except  that  when  a probation  officer  is  to  serve  in  a 
division  of  a court  in  which  there  is  a board  of  magistrates  the  appoint- 
ment shall  be  made  by  all  the  magistrates  of  such  board  jointly,  or  by 
a majority  thereof.  Whenever  provision  is  made  for  the  payment 
of  a salary  to  a proliation  officer  b}’'  the  board  of  supervisors  of  any 
count}",  such  probation  officer  shall  be  appointed  by  the  county  judge,  or 
if  there  be  more  than  one  county  judge  by  the  county  judges  jointly,  of 
such  county,  and  such  probation  officer  shall  serve  in  the  supreme  and 
county  courts  of  that  county,  and  in  any  other  courts  in  the  county 
at  the  request  of  the  magistrates  holding  such  other  court's,  except  the 
courts  of  criminal  jurisdiction  of  cities  of  the  first  and  second  class. 

2.  Every  probation  officer  shall,  when  so  directed  by  the  magistrate 
or  magistrates  of  the  court  in  which  he  is  serving,  inquire  into  the 
antecedents,  character,  and  offense  of  any  person  or  persons  accused 
within  the  jurisdiction  of  such  court,  and  shall  report  the  same  to  such 
magistrate  or  magistrates.  It  shall  be  his  duty  to  make  such  reports 
of  all  cases  investigated  by  him,  of  all  cases  placed  in  his  care  by  the 
magistrate  or  magistrates,  and  of  any  other  duties  performed  by  him 
in  the  discharge  of  his  office,  as  shall  be  prescribed  by  the  magistrate  or 
magistrates  assigning  the  case  to  him.  or  their  successors,  which  report 
shall  be  delivered  to  such  magistrate  or  magistrates  to  be  filed  with  the 
probation  records  of  the  court.  He  shall  furnish  to  each  person  re- 
leased on  probation,  committed  to  his  care,  a written  statement  of  the 
terms  and  conditions  of  his  probation,  and  shall  report  to  the  magis- 
trate or  magistrates  assigning  the  case  to  him.  at  least  monthly,  any 
violation  or  breach  of  the  terms  and  conditions  imposed  by  the  court,  of 
the  persons  placed  in  his  care.  Such  probation  officer  shall  have,  as  to 
the  persons  so  committed  to  his  care,  the  ]iowers  of  a peace  officer,  and 
shall  require  such  persons  to  report  to  him  as  may  be  directed  by  the 
magistrate  or  magistrates  assigning  the  case  to  him. 

Section  JfSS. — Court  may  summarily  inquire  into  circumstances 
in  aggravation  or  mitigation  of  punishment.  After  a plea  or  verdict 
of  guilty,  in  a case  where  a discretion  is  conferred  upon  the  court  as 
to  the  extent  of  the  punishment,  the  court  may,  in  its  discretion,  hear 
the  same  summarily  at  a specified  time,  and  upon  such  notice  to  the 
adverse  party  as  it  may  direct.  At  such  specified  times,  if  it  shall 
appear  by  the  record  and  the  circumstances  of  any  person  convicted  of 
crime,  that  there  are  circumstances  in  mitigation  of  tlie  punishment, 
the  court  shall  have  power,  in  its  discretion,  to  place  the  defendant  on 
probation  in  the  manner  following: 

1.  The  court  upon  suspending  sentence,  may  place  such  person  on 
probation  during  such  suspension  under  the  charge  and  supervision  of 
the  proliation  officer  appointed  by  said  court.  When  practicable,  any 
minor  child  placed  on  probation  shall  be  placed  with  a probation  officer 


Appendices 


167 


of  the  same  religions  faith  as  that  of  the  child’s  parents.  The  parents, 
guardian  or  master  of  such  child,  if  the  child  has  any,  shall  be  sum- 
moned by  the  magistrate  to  attend  any  examination  or  trial  of  such 
child  and  to  be  present  in  court  when  the  child  is  placed  on  probation 
and  informed  by  the  court  of  the  action  taken  in  such  case. 

2.  If  the  judgment  is  to  pay  a fine  and  that  the  defendant  be 
imprisoned  until  it  is  paid,  the  court  upon  imposing  sentence  may 
direct  that  the  execution  of  the  sentence  of  imprisonment  be  suspended 
for  such  period  of  time,  and  on  such  terms  and  conditions  as  it  shall 
determine,  and  shall  place  such  defendant  on  probation  under  the 
charge  and  supervision  of  a probation  officer  during  such  suspension, 

.provided,  however,  that  upon  payment  of  the  fine  being  made,  the 
judgment  shall  be  satisfied  and  the  probation  cease. 

3.  At  any  time  during  the  probationary  term  of  a person  con- 
victed and  released  on  probation  in  accordance  with  provisions 
of  this  section,  the  court  before  which,  or  the  justice  before  whom, 
the  person  so  convicted  was  convicted,  or  his  successor,  may  in  its  or 
his  discretion,  revoke  and  terminate  such  probation.  Upon  such 
revocation  and  termination,  the  court  may,  if  the  sentence  has  been 
suspended,  pronounce  judgment  at  any  time  thereafter  within  the 
longest  period  for  which  the  defendant  might  have  been  sentenced, 
or  if  judgment  has  been  pronounced  and  the  execution  thereof  has 
been  suspended,  the  court  may  revoke  such  suspension,  whereupon  the 
judgment  shall  be  in  full  force  and  effect  for  its  unexpired  term. 

Section  Jf87. — If  the  judgment  be  imprisonment,  or  a fine  and  im- 
prisonment until  it  is  paid,  the  defendant  must  forthwith  be  committed 
to  the  custody  of  the  proper  officer,  and  by  him  detained,  until  the 
judgment  be  complied  with.  Where,  however,  the  court  has  suspended 
sentence  or  where  after  imposing  sentence,  the  court  has  suspended 
the  execution  thereof  and  placed  the  defendant  on  probation,  as  pro- 
vided in  section  four  hundred  and  eighty-three  of  the  Code  of  Criminal 
Procedure,  the  defendant  must  forthwith  be  placed  under  the  care  and 
supervision  of  the  probation  officer  of  the  court  committing  him  until 
the  expiration  of  the  period  of  probation  and  the  compliance  with  the 
terms  and  conditions  of  the  sentence  or  of  the  suspension  thereof. 
Where,  however,  the  probation  has  been  terminated,  as  provided  in 
paragraph  four  of  section  four  hundred  and  eighty-three  of  the  Code 
of  Criminal  Procedure,  and  the  suspension  of  the  sentence  or  of  the 
execution  revoked,  and  the  judgment  pronounced,  the  defendant  must 
forthwith  be  committed  to  the  custody  of  the  proper  officer  and  by  him 
detained  until  judgment  be  complied  with. 


168 


The  Social  Evil  in  New  York  City 


APPENDIX  XVII  A. 

Probation  Among  Persons  Convicted  of  Public  Intoxication, 
Disorderly  Conduct  or  Vagrancy  in  the  Magistrates' 
Courts,  New  York  City, 

Amendment  to  Greater  New  York  Charter,  Section  707,  [Laws  1905, 
Chapter  638,  Sec.  1], 

* * * * Any  court  or  magistrate  may  suspend  sentence  in  the  case 
of  any  person  convicted  as  in  this  section  provided  and  may  release 
such  person  upon  probation  upon  such  terms  and  conditions,  and  for 
such  period  of  time,  not  exceeding  six  months,  as  the  court  or  magis- 
trate may  deem  best.  A person  released  on  probation  in  accordance  with 
the  provisions  of  this  section  shall  be  placed  under  the  charge  and 
supervision  of  a probation  officer,  to  be  appointed  as  provided  in  this 
section,  and  shall  be  furnished  by  the  clerk  of  the  court  with  a written 
statement  of  the  terms  and  conffitions  of  his  release.  If  at  any  time 
during  the  probationary  term  of  a person  convicted  and  released  under 
the  provisions  of  this  section  it  shall  appear  to  the  court  before  which, 
or  the  magistrate  sitting  in  the  magistrates’  court  in  which  the  person  so 
convicted  was  convicted,  by  report  of  the  probation  officer  under  whose 
care  such  person  was  placed,  or  otherwise,  that  such  person  has  violated 
any  of  the  terms  or  conditions  of  his  release,  the  said  court  or  magis- 
trate may  issue  a warrant  for  the  arrest  of  such  person,  and  if  it  shall 
appear  that  such  violation  has  occurred,  it  or  he  may  commit  him,  in 
accordance  with  the  provisions  of  this  section,  in  the  same  manner  as 
if  such  person  had  not  theretofore  been  released  upon  probation. 

The  board  of  city  magistrates  of  each  division  of  the  City  of  New 
York  shall  have  authority  to  appoint  such  number  of  discreet  persons 
of  good  character,  either  men  or  women,  to  serve  as  probation  officers, 
as  said  boards  may  deem  necessary,  to  serve  during  the  pleasure  of  the 
court,  or  board  of  magistrates  appointing  them.  The  board  of  cit}' 
magistrates  of  each  division  of  the  City  of  New  York  shall  assign  the 
probation  officers  appointed  by  it  to  the  various  city  magistrates'  courts 
in  its  division,  and  each  probation  officer  shall  act  only  as  an  officer 
of  the  city  magistrates’  court  to  which  he  is  assigned. 

It  shall  be  the  duty  of  the  probation  officers  appointed  under  the 
provisions  of  this  section  to  supervise  the  conduct  of  each  person  placed 
under  their  charge  respectively,  and  to  report  any  violation  by  any  such 
person  of  the  terms  and  conditions  of  his  release ; to  make  such  investi- 
gation as  may  be  required  by  the  court  or  magistrate  in  the  case  of  any 
person  accused  or  convicted  of  public  intoxication,  disorderly  conduct 
or  vagrancy,  and  to  furnish  such  information  as  may  be  necessary  to 
assist  the  court  or  magistrate  in  making  a proper  disposition  of  each 
case;  and  to  render  such  assistance  and  advice  to  the  persons  placed 
under  their  charge  as  each  case  may  require.  If  two  or  more  probation 
officers  are  attached  to  an)^  city  magistrates’  court,  the  court  or  magis- 
trate shall  designate  the  officer  under  whose  charge  each  person  on 
probation  shall  be  placed. 


Appendices 


169 


APPENDIX  XVII  B. 

State  Probation  Commission. 

Consolidated  Laws  [L.  1909,  ch.  56],  Chapter  54,  Sections  30,  31. 

Section.  30.  Organization,  powers  and  duties  of  State  Probation 
Commission. — The  State  Probation  Commission  is  continued.  Such 
commission  shall  exercise  general  supervision  over  the  work  of  pro- 
bation officers  throughout  the  state,  and  shall  consist  of  seven  members, 
who  shall  serve  without  compensation  as  members  of  such  commission. 
The  State  Board  of  Cbarities,  and  the  State  Commission  of  Prisons, 
shall,  respectively,  once  each  year,  designate  a member  of  their  respec- 
tive bodies,  to  act  as  members  of  the  State  Probation  Commission;  and 
the  Commissioner  of  Education  shall  be,  ex  .officio,  a member  thereof. 
As  the  terms  of  the  appointive  members,  first  appointed  by  the  gov- 
ernor, shall  expire,  their  successors  shall  be  appointed  by  the  governor 
within  thirty  days  thereafter  for  a term  of  four  years  each.  All 
vacancies  occurring  among  appointive  members,  from  whatsoever  cause, 
shall  be  filled  as  soon  as  practicable  thereafter  by  the  governor  for  the 
unexpired  term.  An  appointive  member  may  be  removed  by  the 
governor  for  cause  and  after  an  opportunity  to  be  heard  before  the 
governor.  The  state  commission  shall  meet  at  stated  times  to  be 
fixed  by  such  commission,  not  less  often  than  once  every  two  months. 
It  shall  collect  and  publish  statistical  and  other  information  as  to  the 
operations  of  the  probation  system-  It  shall  keep  itself  informed  as  to 
the  work  of  all  probation  officers,  and  shall  from  time  to  time  inquire 
into  their  conduct  and  efficiency.  It  shall  endeavor,  by  such  means  as 
may  seem  to  it  most  suitable,  to  secure  the  effective  application  of  the 
probation  system  and  enforcement  of  the  probation  law  in  all  parts 
of  the  state.  It  shall  make  an  annual  report  to  the  legislature  showing 
its  proceedings  under  this  article  and  the  result  of  the  probation 
system  as  administered  in  the  various  localities  in  the  state,  with  any 
suggestions  or  recommendations  it  may  consider  wise  for  the  most 
eifectaal  accomplishment  of  the  general  purposes  of  this  article.  Said 
commission  in  the  discharge  of  its  duties  shall  have  access  to  all  offices 
and  records  of  probation  officers,  but  this  section  shall  not  be  construed 
as  giving  said  commission  access  to  the  records  of  any  society  for  the 
prevention  of  cruelty  to  children  or  humane  society.  The  state  coig,- 
mission  may  direct  an  investigation  by  a committee  of  one  or  more  of 
its  members  of  the  woirk  of  any  probation  offi'cer,  and  for  this 
purpose,  the  member,  or  members,  designated  to  make  such  inves- 
tigation are  hereby  empowered  to  issue  compulsory  process  for  the 
attendance  of  witnesses  and  the  production  of  papers,  to  administer 
oaths,  and  to  examine  persons  under  oath,  and  to  exercise  the  same 
powers  in  respect  to  such  proceeding 'as  belong  to  referees  appointed 
by  the  supreme  court. 

Section  SI.  Employees  of  State  Probation  Commission. — The 
State  Probation  Commission  shall  employ  a chief  executive  officer,  who 
shall  be  its  secretary,  and  who  shall  receive  a salary  at  the  rate  of  not 
less  than  three  thousand  five  hundred  dollars  a j^ear;  a stenographer 
and  such  other  employees,  within  the  limits  of  the  sums  appropriated 


170 


The  Social  Evil  in  New  York  City 


for  its  use  by  the  legislature,  as  may  be  necessary  in  the  conduct  of  the 
business  of  such  commission.  The  duties  of  such  executive  officer  and 
other  employees  shall  be  designated  by  said  commission.  The  legisla- 
ture shall  provide  for  the  necessary  and  reasonable  traveling  expenses 
of  the  members  of  said  commission  and  of  the  employees  thereof. 
Such  salaries  and  expenses  shall  be  paid  by  the  treasurer  on  the  war- 
rant of  the  comptroller,  after  approval  by  the  commission. 


Appendices 


171 


APPEATDIX  XVIII. 

XiGHT  Session,  Belative  to  City  Magistrates. 
Amendment  to  Greater  Xew  York  Charter,  Section  1397-a,  Laws 

1907,  ch.  598. 

After  tlie  number  of  magistrates  in  the  first  division  shall  have 
been  increased  to  sixteen,  by  appointment  of  the  Mayor  pursuant  to 
law,  the  Board  of  City  Magistrates  of  the  first  division  shall  provide 
for  the  holding  of  a night  session  of  the  court  to  be  held  in  such  place 
and  during  such  hours  each  night  as  the  board  may  direct  and  shall 
make  assignments  of  magistrates  to  hold  the  same. 


APPEXDIX  XVIII  A. 

Pules  and  Eegulations  of  the  Police  Department,  1908, 
Applicable  Only  to  the  Xight  Court  in  Manhattan 
AND  THE  Bronx. 

Section  58. — Generally  speaking,  there  should  be  sent  to  the  night 
session  of  the  court  all  cases  in  which  a magistrate  has  summary 
jurisdiction,  and  every  female  prisoner  who  is  not  charged  with  com- 
mitting a felony. 

Section  59. — All  persons  charged  with  disorderly  conduct  or  viola- 
tions of  city  ordinances,  who  are  arrested  after  the  closing  of  the  day 
sessions,  will  be  arraigned  at  the  night  session  of  the  court. 

Section  61. — All  females  arrested  after  the  closing  of  the  day  ses- 
sions of  the  city  magistrates’  courts  excepting  those  charged  with  com- 
mitting felonies,  shall  be  taken  .before  the  magistrate  sitting  in  the 
night  court. 


172 


The  Social  Evil  in  New  York  City 


APPENDIX  XIX. 

Obscene  Prints  and  Articles. 

Penal  Law,  Sections  1141,  1141a,  1143. 

Section  1.  A person  wlio  sells,  lends,  gives  away  or  shows, 

or  offers  to  sell,  lend,  give  away,  or  show,  or  has  in  his  possession  with 
intent  to  sell,  lend  or  give  away,  or  to  show,  or  advertises  in  any  man- 
ner, or  who  otherwise  offers,  for  loan,  gift,  sale  or  distribution,  any 
obscene,  lewd,  lascivious,  filthy,  indecent  or  disgusting  book,  magazine, 
pamphlet,  newspaper,  story  paper,  writing,  paper,  picture,  drawing, 
photograph,  figure  or  image,  or  any  written  or  printed  matter  of  an 
indecent  character ; or  any  article  or  instrument  of  indecent  or  immoral 
use,  or  purporting  to  be  for  indecent  or  immoral  use  or  purpose,  or  who 
designs,  copies,  draws,  photographs,  prints,  utters,  publishes,  or  in  any 
manner  manufactures,  or  prepares  any  such  book,  picture,  drawing, 
magazine,  pamphlet,  newspaper,  story  paper,  writing,  paper,  figure, 
image,  matter,  article  or  thing,  or  who  unites,  prints,  publishes,  or 
utters,  or  causes  to  be  written,  printed,  published,  or  uttered  any  adver- 
tisement or  notice  of  any  kind,  giving  information,  directly  or  indi- 
rectly, stating,  or  purporting  so  to  do,  where,  how,  of  whom,  or  by 
what  means  any,  or  what  purports  to  be  any,  obscene,  lewd,  lascivious, 
filthy,  disgusting  or  indecent  hook,  picture,  writing,  paper,  figure, 
image,  matter,  article  or  thing,  named  in  this  section  can  be  purchased, 
obtained  or  had  or  who  has  in  his  possession,  any  slot  machine  or  other 
mechanical  contrivance  with  moving  pictures  of  nude  or  partly  denuded 
female  figures  which  pictures  are  lewd,  obscene,  indecent  or  immoral, 
or  other  lewd,  obscene,  indecent  or  immoral  drawing,  image,  article  or 
object,  or  who  shows,  advertises  or  exhibits  the  same,  or  causes  the 
same  to  be  shown,  advertised,  or  exhibited,  or  who  buys,  owns  or  holds 
any  such  machine  with  intent  to  show,  advertise  or  in  any  manner 
exhibit  the  same;  or  who, 

2.  Prints,  utters,  publishes,  sells,  lends,  gives  away  or  shows,  or 
has  in  his  possession  with  intent  to  sell,  lend,  give  away  or  show,  or 
otherwise  offers  for  sale,  loan,  gift  or  distribution,  any  book,  pamphlet, 
magazine,  newspaper  or  other  printed  paper  devoted  to  the  publication, 
and  principally  made  up  of  criminal  news,  police  reports,  or  accounts 
of  criminal  deeds,  or  pictures,  or  stories  of  deeds  of  bloodshed,  lust 
or  crime ; or  who, 

3.  In  any  manner,  hires,  employs,  uses  or  permits  any  minor  or 
child  to  do  or  assist  in  doing  any  act  or  thing  mentioned  in  this  sec- 
tion, or  any  of  them. 

Is  guilty  of  a midemeanor,  and,  upon  conviction,  shall  be  sentenced 
to  not  less  than  ten  days  nor  more  than  one  year  imprisonment  or  be 
fined  not  less  than  fifty  dollars  nor  more  than  one  thousand  dollars 
or  both  fine  and  imprisonment  for  each  offense. 

Section  llJt-la.  Indecent  posters.  Any  person  who  shall  expose, 
place,  display,  post  up,  exhibit  or  paint,  print  or  mark,  or  cause  to 
be  exposed,  placed,  displayed,  posted,  exhibited,  or  painted,  printed 
or  marked  in  or  on  any  building,  structure,  billboard,  wall  or  fence, 
or  on  the  street,  or  in  or  upon  any  public  place,  any  placard,  poster. 


Appendices 


173 


bill  or  picture,  or  shall  knowingly  permit  the  same  to  be  displayed 
on  property  belonging  to  or  controlled  by  him,  which  placard,  poster, 
bill  or  picture  shall  tend  to  demoralize  the  morals  of  youth  or  others 
or  which  shall  be  lewd,  indecent,  or  immoral,  shall  be  guilty  of  a mis- 
demeanor. (Added  by  L.  1909,  ch.  280.  In  effect  Sept.  1,  1909.) 

Section  llJfS.  Mailing  or  carrying  obscene  prints  and  articles, 
A person  who  deposits,  or  causes  to  be  deposited,  in  any  post  office 
within  the  state,  or  places  in  charge  of  an  express  company,  or  of  a 
common  carrier,  or  other  person,  for  transportation,  any  of  the  articles 
or  things  specified  in  the  last  two  sections,  or  any  circular,  book,  pam- 
phlet, advertisement,  or  notice  relating  thereto,  with  the  intent  of 
having  same  conveyed  by  mail  or  express,  or  in  any  other  manner,  or 
who  knowingly  or  wilfully  receives  the  same,  with  intent  to  carry  or 
convey,  or  Imowingly  or  wilfully  carries  or  conveys  the  same,  by  ex- 
press, or  in  any  other  manner  except  in  the  United  States  mail,  is 
guilty  of  a misdemeanor.  • 


174 


The  Social  Evil  in  Xeav  York  City 


APPEXDIX  XIX  A. 

Display  of  Imiiioral  Pictures. 

Code  of  Ordinances,  as  amended  1906. 

Section  1. — Xo  person  shall  post,  paste,  print,  nail,  maintain  or 
display  upon  any  billboard,  fence,  building,  frame  or  structure,  and 
in  any  manner  expose  to  public  view,  as  an  advertisement  of  any  show, 
play  or  performance,  any  indecent  print,  or  any  picture,  or  cut,  tend- 
ing to  represent  the  doing  of  a criminal  act;  or  representing  indecently 
the  limbs  or  any  part  of  the  human  body;  or  the  position  of  persons 
in  relation  to  each  other,  tending  to  deprave  the  morals  of  individuals, 
or  shocking  to  the  sense  of  decency,  or  tending  to  incite  the  mind  to 
acts  of  immorality  or  crime,  or  to  familiarize  and  accustom  the  minds 
of  young  persons  with  the  same. 

Section  2. — Any  person  offending  against  any  of  the  foregoing 
provisions  of  this  ordinance  shall  be  punished  by  a fine  of  not  less 
than  ten  dollars  nor  more  than  $100,  or  by  imprisonment  not  ex- 
ceeding ten  days ; each  day  such  violation  shall  be  wilfully  maintained 
or  continued  shall  be  deemed  to  constitute  a separate  offense,  and 
render  the  offender  liable  to  additional  arrest  and  prosecution. 

As  amended  June  19,  1906;  in  effect  July  2,  1906. 


. APPEXDIX  XX. 

Immoral  Plays  and  Exhibitions  and  the  Use  and  Leasing  of 
Eeal  Property  Therefor. 

Penal  Law,  Section  1140a. 

Any  person  who  as  owner,  manager,  director  or  agent  or  in  any 
other  capacity  prepares,  advertises,  gives,  presents  or  participates  in, 
any  obscene,  indecent,  immoral  or  impure  drama,  play,  exhibition,  show 
or  entertainment,  which  would  tend  to  the  corruption  of  the  morals 
of  youth  or  others,  and  every  person  aiding  or  abetting  such  act,  and 
every  owner  or  lessee  or  manager  of  any  garden,  building,  room,  place 
or  structure,  who  leases  or  lets  the  same  or  permits  the  same  to  be  used 
for  the  purpose  of  any  such  drama,  play,  exhibition,  show  or  entertain- 
ment, knowingly,  or  who  assents  to  the  use  of  the  same  for  any  such 
purpose,  shall  be  guilty  of  a misdemeanor. 


Appendices 


175 


APPENDIX  XXI. 

Domestic  Kelations,  Marriage  Licenses. 

Domestic  Eelations  Law,  Consolidated  Laws,  Chapter  14  [Laws 

1909,  eh.  19], 

Section  13. — Marriage  licenses. — It  shall  be  necessary  for  all 
persons  intending  to  be  married  to  obtain  a marriage  license  from  the 
town  or  city  clerk  of  the  town  or  city  in  which  the  woman  to  be  married 
resides  and  to  deliver  said  license  to  the  clergyman  or  magistrate  who 
is  to  officiate  before  the  marriage  can  be  performed.  If  the  woman  or 
both  parties  to  be  married  are  non-residents  of  the  state  such  license 
shall  be  obtained  from  the  clerk  of  the  town  or  city  in  ivhich  the 
marriage  is  to  be  performed. 

Section  15. — Duty  of  town  or  city  clerk. — I shall  be  the  duty  of 
the  town  or  city  clerk  when  an  application  for  a marriage  license  is 
made  to  him  to  require  each  of  the  contracting  parties  to  sign  and 
verify  a-  statement  or  affidavit  before  such  clerk  or  one  of  his  deputies, 
containing  the  following  information.  From  the  groom:  Full  name 
of  husband,  color,  place  of  residence,  age,  occupation,  place  of  birth, 
name  of  father,  country  of  birth,  maiden  name  of  mother,  country  of 
birth,  number  of  marriage.  From  the  bride:  Full  name  of  bride, 
place  of  residence,  color,  age,  occupation,  place  of  birth,  name  of 
father,  country  of  birth,  maiden  name  of  mother,  country  of  birth, 
number  of  marriage.  The  said  clerli  shall  also  embody  in  the  state- 
ment, if  either  or  both  of  the  applicants  have  been  previously  married, 
a statement  as  to  whether  the  former  husband  or  husbands  or  the 
former  wife  or  wives  of  the  respective  applicants  are  living  or  dead 
and  as  to  whether  either  or  both  of  said  applicants  are  divorced  per- 
sons, if  so  when  and  where  the  divorce  or  divorces  were  granted  and 
shall  also  embody  therein  a statement  that  no  legal  impediment  exists 
as  to  the  right  of  each  of  the  applicants  to  enter  into  the  marriage 
state.  The  town  or  city  clerk  is  hereby  given  full  power  and  authority 
to  administer  oaths  and  may  require  the  applicants  to  produce  wit- 
nesses to  identify  them  or  either  of  them  and  may  also  examine  under 
oath  or  otherwise  other  witnesses  as  to  any  material  inquiry  pertain- 
ing to  the  issuing  of  the  license.  If  it  appears  from  the  affidavits  and 
statements  so  taken,  that  the  persons  for  whose  marriage  the  license 
in  question  is  demanded  are  legally  competent  to  marry  the  said 
clerk  shall  issue  such  license,  except  in  the  following  cases.  If  it 
shall  appear  upon  an  application  of  the  applicants  as  provided  in  this 
"section  that  tlie  man  is  under  Dventy-one  years  of  age  or  that  the 
woman  is  under  the  age  of  eighteen  years,  then  the  town  or  city  clerk 
before  he  shall  issue  a license  shall  require  the  written  consent  to  the 
marriage  from  both  parents  of  the  minor  or  minors  or  such  as  shall 
then  be  living,  or  if  the  parents  of  both  are  dead  then  the  written  con- 
sent of  tlie  guardian  or  guardians  of  such  minor  or  minors.  If  there 
is  no  parent  or  guardian  of  the  minor  or  minors  living  to  their  knowl- 
edge then  the  town  or  city  clerk  shall  require  the  written  consent  to 
the  marriage  of  the  person  under  ivhose  care  or  government  the  minor 
or  minors  may  be  before  a license  shall  be  issued.  The  parents,  guard- 


176 


The  Social  Evil  in  New  York  City 


ians  or  other  persons  whose  consents  it  shall  be  necessary  to  obtain 
before  the  license  shall  issue,  shall  personally  appear  before  the  town 
or  city  clerk  and  execute  the  same  if  they  are  residents  of  the  State  of 
New  York  and  physically  able  to  do  so.  If  they  are  non-residents  of 
the  state  the  required  consents  may  be  executed  and  duly  acknowledged 
without  the  state  but  the  consent  with  a certificate  attached  showing 
the  authority  of  the  oflicer  to  take  acknoudedgments  must  be  duly  filed 
with  the  town  or  city  clerk  liefore  a license  shall  issue.  Before  issuing 
any  license  herein  pro^  uh  d for,  the  town  or  city  clerk  shall  be  entitled 
to  a fee  of  one  dollar  . which  sum  shall  be  paid  by  the  applicants  before 
or  at  the  time  the  license  is  issued ; and  all  such  fees  so  received  by  the 
clerks  of  cities  shall  be  paid  monthly  to  the  treasurer  of  the  city 
wherein  such  license  is  issued.  Any  town  or  city  clerk  who  shall  issue 
a license  to  marry  any  ]iersons  one  or  both  of  whom  shall  not  be  at  the 
time  of  marriage  under  such  license  legally  competent  to  marry 
without  first  requiring  the  parties  to  such  marriage  to  make  such 
affidavits  and  statements,  or  who  shall  not  require  the  procuring  of  the 
consents  provided  for  by  this  act,  which  shall  show  that  the  parties 
authorized  by  said  license  to  be  married  are  legally  competent  to  marry 
shall  be  guilty  of  a misdemeanor,  and  on  conviction  thereof  shall  be 
fined  in  the  sum  of  one  hundred  dollars  for  each  and  ever}'  offense. 
In  any  city  the  fees  collected  for  the  issuing  of  a marriage  license,  or 
for  solemnizing  a marriage,  as  far  as  collected  for  services  rendered 
by  any  officer  or  employee  of  such  city,  shall  be  paid  into  the  city 
treasury  and  may  by  ordinance  be  credited  to  any  fund  therein 
designated,  and  said  ordinance,  when  duly  enacted,  shall  have  the 
force  of  law  in  such  city. 

Section  16. — False  statements  or  affidavits. — Any  person  who  shall 
in  any  affidavit  or  statement  required  or  provided  for  in  this  article  wil- 
fully and  falsely  swear  in  regard  to  any  material  fact  as  to  the  com- 
petency of  any  person  for  whose  marriage  the  license  in  question  or 
concerning  the  procuring  or  issuing  of  tvhich  said  affidavit  or  statement 
may  be  made  shall  be  deemed  guilt}'  of  perjury  and  on  conviction 
thereof  shall  be  punished  as  provided  by  the  statutes  of  this  state- 

Section  17. — Clergymen  or  officer  violating  act:  penalty. — If  any 
clergyman  or  other  person  authorized  by  the  laws  of  this  state  to  per- 
form marriage  ceremonies  shall  solemnize  or  presume  to  solemnize  any 
marriage  between  any  parties  without  a license  being  presented  to  him 
or  them  as  herein  provided  or  with  knowledge  that  either  part}'  is 
legally  incompetent  to  contract  matrimony  as  is  provided  for  in  this 
article  shall  be  guilty  of  a misdemeanor  and  on  conviction  thereof  shall 
be  punished  by  a fine  not  less  than  fifty  dollars  nor  more  than  five 
hundred  dollars  or  hy  imprisonment  for  a term  not  exceeding  one  year. 

Section  18. — Clergyman  or  olficer : wlion  protected. — Anv  such 
clergyman  or  officer  as  aforesaid  to  whom  any  such  license  duly  issued 
may  come  and  not  having  personal  knowledge  of  the  incompetency 
of  either  party  therein  named  to  contract  matrimony,  may  lawfully 
solemnize  matrimony  between  them. 

Section  19. — Records  to  be  kept  by  town  and  city  clerks. — Each 
town  and  city  clerk  hereby  empowered  to  issue  marriage  licenses  shall 


Appendices 


177 


keep  a book  in  Avhicli  lie  shall  record  and  index  all  affidavits,  state- 
ments, consents  and  licenses  together  with  the  certificate  attached 
showing  the  performance  of  marriage  ceremony  which  book  shall 
be  kept  and  preserved  as  a part  of  the  public  records  of  his  office.  On 
or  before  the  fifteenth  day  of  each  month  the  said  town  and  city  clerk 
shall  file  in  the  office  of  the  county  clerk  of  the  county  in  which  said 
town  or  city  is  situated  the  original  of  each  affidavit,  statement,  con- 
sent, license  and  certificate,  which  have  been  filed  with  or  made  before 
him  during  the  preceding  month.  He  shall  not  be  required  to  file  any 
of  said  documents  until  the  license  is  returned  with  the  certificate 
showing  that  the  marriage  to  ivhich  they  refer  has  lieen  actually  per- 
formed. 

Section  20. — Eecords  to  be  kept  by  the  county  clerk. — -The  county 
clerk  or  each  county  shall  record  and  index  in  a book  kept  in  his 
office  for  that  purpose  each  statement,  affidavit,  consent  and  license 
together  with  the  certificate  thereto  attached  showing  the  performance 
of  the  marriage  ceremony  filed  in  his  office.  During  the  first  twenty 
days  of  the  month  of  January,  April,  July  and  October  of  each  year 
the  county  clerk  shall  transmit  to  the  State  Department  of  Health  at 
Albany,  New  York,  a copy  of  all  affidavits,  statements,  consents  and 
licenses  with  certificates  attached  filed  in  his  office  during  the  three 
months  preceding  the  date  of  said  report,  also  the  copies  of  all  con- 
tracts of  mart  age  made  and  recorded  in  his  office  during  said  period 
entered  into  in  accordance  with  subdivision  four  section  eleven  of  this 
chapter,  which  said  record  shall  be  kept  on  file  and  properly  indexed 
by  the  State  Department  of  Health.  The  services  rendered  by  the 
county  clerk  in  carrying  out  the  provisions  of  this  article  shall  be  a 
county  charge,  except  in  counties  where  the  county  clerk  is  a salaried 
officer,  in  which  case  they  shall  be  a part  of  the  duties  of  his  office. 

Section  21. — Forms  and  books  to  be  furnished. — Blank  forms  for 
marriage  licenses  and  certificates  and  also  the  proper  hooks  for  regis- 
tration ruled  for  the  items  contained  in  said  forms  and  also  blank 
statements  and  affidavits  and  such  other  blanks  as  shall  be  necessary 
to  comply  with  the  provisions  of  this  article  shall  be  prepared  by  the 
State  Board  of  Health  and  shall  be  furnished  by  said  department  at 
the  expense  of  the  state  to  the  county  clerk  of  the  various  counties  of 
the  state  in  the  quantities  needed  from  time  to  time,  and  the  county 
clerk  of  each  county  shall  distribute  them  to  town  and  city  clerks  in 
his  county  in  such  quantities  as  their  necessities  shall  require.  The 
expense  of  distributing  the  same  to  said  town  and  city  clerks  is  hereby 
made  a county  charge. 

Section  22. — Penalty  for  violation. — Any  town,  city  or  county 
clerk  who  shall  violate  any  of  the  provisions  of  this  article  or  shall 
fail  to  comply  thereivith  shall  be  deemed  guilty  of  a misdemeanor  and 
shall  pa}^  a fine  not  exceeding  the  sum  of  one  hundred  dollars  on  con- 
viction thereof. 


17S 


The  Social  Evil  in  New  York  City 


APPENDIX  XXI  A. 

Marriage.^ 

Penal  Law,  Sections  928,  14:50. 

Section  928. — Ealsel}'  personating  another. — A person  who  falsely 
personates  another,  and,  in  such  assumed  character: 

1.  Marries  or  pretends  to  marry,  or  to  sustain  the  marriage 
relation  towards  another,  with  or  without  the  connivance  of  the  latter ; 

2.  Becomes  bail  or  surety  for  a party  in  an  action  or  special  pro- 
ceeding, civil  or  criminal,  before  a court  or  officer  authorized  to  take 
such  bail  or  surety;  or, 

3.  Confesses  a judgment;  or, 

4.  Subscribes,  verities,  publishes,  aclaiowledges,  or  proves  a writ- 
ten instrument,  which  by  law  may  be  recorded,  with  intent  that  the 
same  may  be  delivered  or  used  as  true ; or, 

5.  Does  any  other  act,  in  the  course  of  any  action  or  proceeding, 
whereby,  if  it  were  done  by  the  person  falsely  personated,  such  person 
might  in  any  event  become  liabe  to  an  action  or  special  proceeding, 
civil  or  criminal,  or  to  pay  a sum  of  money,  or  to  incur  a charge,  for- 
feiture, or  penalty,  or  whereby  any  benefit  might  accrue  to  thq 
offended,  or  to  another  person,  is  punishable  by  imprisonment  in  a 
state  prison  for  not  more  than  ten  years. 

Section  lJf50. — Solemnizing  unlawful  marriages. — A minister  or 
magistrate  who  solemnizes  a marriage  when  either  of  the  parties  is 
known  to  him  to  be  under  the  age  of  legal  consent,  or  to  be  an  idiot  or 
insane  person,  or  a marriage  to  which  within  his  knowledge  a legal 
impediment  exists,  is  guilty  of  a misdemeanor. 

Until  a marriage  has  been  dissolved  or  annulled  by  a proper  tri- 
bunal or  court  of  competent  jurisdiction,  any  person  who  shall  assume 
to  grant  a divorce,  in  writing,  purporting  to  divorce  husband  and  wife 
and  permitting  them  or  either  of  them  to  lawfully  marry  again,  shall 
be  guilty  of  a misdemeanor  punishable  by  fine  for  the  first  offense  not 
exceeding  five  hundred  dollars,  and  for  the  second  offense  one  thousand 
dollars,  or  imprisonment  not  exceeding  one  year,  or  both  such  fine  and 
imprisonment. 


1 For  Penal  Law  regarding  Compulsory  ^larriage,  see  Appendix  XI. 


Appendices 


179 


APPENDIX  XXI  B. 

Maeeiages. 

New  York  Charter,  Sections  1236,  1239,  1240,  1266. 

Section  1236. — Persons  solemnizing  marriages  to  keep  report. — 
It  shall  be  the  duty  of  clergymen,  magistrates  and  other  persons  who 
perform  marriage  ceremonies  in  the  City  of  New  York  to  keep  a regis- 
try of  the  marriages  celebrated  by  them,  which  shall  contain  as  near 
as  can  be  ascertained,  the  name  and  surname  of  the  parties  married; 
the  residence,  age  and  condition  of  each;  whether  single  or  widowed. 

Section  1239.- — Penalty  for  failure  to  report. — For  every  omission 
of  any  person  to  make  and  keep  the  registry  required  by  the  preceding 
sections,  and  for  every  omission  to  file  a written  copy  of  the  same  with 
said  department  of  health,  within  ten  days  after  any  birth  or  mar- 
riage provided  to  be  registered,  and  for  every  omission  to  file  the 
report  of  any  death,  birth  or  marriage  the  person  guilty  of  such 
omission  shall  be  guilty  of  a misdemeanor,  and  in  addition  thereto, 
the  offender  shall  also  be  liable  to  pay  a fine  of  one  hundred  dollars 
to  be  recovered  in  the  name  of  the  Department  of  Health  of  the  City 
of  New  kTork,  before  any  Justice  or  tribunal  in  said  city  having 
Jurisdiction  of  civil  actions.  But  no  person  shall  be  liable  for  such 
fine  or  subject  to  arrest  and  imprisonment  for  not  filing  the  report 
herein  required,  if  such  report  has  been  filed  by  any  other'person,  or 
if  an  excuse  is  presented  to  the  commissioner  of  health  for  such  omis- 
sion which  the  said  commissioner  shall  decide  to  be  sufficient,  in 
which  event  the  said  commissioner  of  health  is  hereby  empowered  to 
excuse  the  said  omission.  In  any  action  hereunder  such  excuse  shall 
be  proved  by  the  party  claiming  the  benefit  of  the  same.  [In  sub- 
stance as  amended  by  L.  1905,  cli.  532,  sec.  3.] 

Section  12k0. — Eecord  of  marriages. — The  Department  of  Health 
shall  keep  a record  of  the  marriages  filed  with  it;  numbered  and  re- 
corded in  the  order  in  which  they  are  received  by  the  department,  and 
the  record  thereof  shall  state  the  date  of  marriage,  name,  residence,  and 
official  position,  if  any,  of  the  persons,  by  whom  married,  names  and 
surnames  of  the  parties,  age,  the  color,  residence,  birthplace,  number 
of  marriage,  and  condition  of  each,  whether  single  or  widowed, 
father’s  name  and  mother’s  maiden  name,  and  maiden  name  of  the 
bride  if  a widow,  and  the  time  when  the  record  was  made.  (In  sub- 
stance as  amended  by  L.  1905,  ch.  532,  see.  4.) 

Section  1266. — If  any  person  shall  knowingly  make  to,  or  file  with, 
said  Department  of  Health  or  any  officer  thereof,  any  false  return, 
statement  or  report  relative  to  any  birth,  death  or  marriage,  or  other 
matter  concerning  which  a report  or  return  may  be  legally  required  of, 
or  should  be  made  by,  such  person ; if  any  member,  inspector  or  officer, 
or  anv  agent  of  said  Department  of  Health  shall  knowingly  make  to 
said  Department  of  Health  any  false  or  deceptive  report  or  statement 
in  connection  with  his  duties,  or  shall  accept  or  receive,  or  authorize 
or  encourage,  or  knowingly  allow  any  other  person  to  accept  or  receive 
any  bribe  or  other  compensation  as  a condition  of  or  an  inducement 
for  not  faithfully  discovering  or  fully  reporting,  or  otherwise  acting. 


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The  Social  Evil  in  New  York  City 


according  to  his  duty  in  every  respect,  then  any  and  everj^  person 
shall  be  deemed  gnilty  of  a misdemeanor  punishable  by  imprison- 
ment of  not  more  than  one  year  or  by  a fine  of  not  more  than  five 
hundred  dollars  and,  if  an  officer  or  employee  of  the  department, 
by  the  forfeiture  of  his  office,  ranh  or  position,  and  shall  be  liable  to 
be  for  such  crime  indicted,  tried  and  punished  according  to  law,  and 
shall,  in  addition  forfeit  all  compensation  due  or  to  grow  due  from 
said  department.  (As  amended  by  L.  1905,  ch.  532,  sec.  5.) 


Appendices 


181 


APPENDIX  XXI  C. 

Powers  and  Duties  of  Notaries  Public. 

Executive  Law,  Cousolidated  Laws,  ch.  18  (L.  1909,  ch.  23), 
Section  105,  Subdivision  2 (in  part). 

A notary  public  has  authority : 2.  In  the  county  in  and  for  which 
he  has  been  appointed  and  elsewhere,  as  provided  in  section  one 
hundred  and  two  of  this  chapter,  to  administer  oaths  and  affirma- 
tions, to  take  affidavits  and  certify  the  acknowledgment  and  proof 
of  deeds,  and  other  written  instruments  to  be  read  in  evidence 
or  recorded  in  this  state,  in  all  cases  in  which  commissioners  of 
deeds  may  now  take  and  certify  the  same,  and  under  the  same  rules, 
regulations  and  requirements  prescribed  to  said  last  mentioned  offi- 
cers, not  inconsistent  with  any  of  the  provisions  of  this  chapter; 
except  that  a county  clerk’s  certificate  authenticating  the  official  char- 
acter and  the  signature  of  such  a notary  shall  not  be  necessary  to 
entitle  any  deed  or  other  written  instrument  so  proved  and  acknowl- 
edged, to  be  read  in  evidence  or  recorded  in  a county  in  which  the 
autograph  signature  and  certificate  of  appointment  and  qualification 
of  such  notary  shall  have  been  filed,  pursuant  to  section  one  hundred 
and  two  of  this  chapter.  The  acts  authorized  by  this  subdivision 
may  be  performed  by  such  notary  without  official  seal.  For  any 
misconduct  in  the  performance  of  any  such  powers,  a notary  public 
shall  be  liable  to  the  parties  injured  for  all  damages  sustained  by  him. 


APPENDIX  XXI  D. 

Public  Officers. 

Penal  Law,  Sections  1857,  1861,  885. 

Section  1S57. — Omission  of  duty  by  public  officer. — Where  any 
duty  is  or  shall  be  imposed  by  law,  upon  any  public  officer,  or  upon 
any  person  holding  a public  trust  or  employment  every  wilful  omis- 
sion to  perform  such  duty  where  no  special  provision  was  before  made 
for  the  punishment  of  said  delinquency  is  punishable  as  a misde- 
meanor. 

Section  1861. — Other  false  oertifieates. — A public  officer,  who 
being  authorized  by  law,  to  make  or  give  a certificate  or  other  writing, 
knowingly  makes  and  delivers  as  true  such  a certificate  or  writing, 
containing  any  statement  which  he  knows  to  be  false,  in  the  case  where 
the  punishment  thereof  is  not  expressly  provided  by  law,  is  guilty  of 
a misdemeanor. 

Section  885. — False  certificates  to  certain  instruments. — An  officer 
authorized  to  take  the  proof  of  acknowledgment  of  an  instrument 
which  by  the  law  may  be  recorded,  who  willfully  certifies  falsely  that 
the  execution  of  such  an  instrument  was  acknowledged  by  any  party 
thereto  or  that  the  execution  of  an}^  such  instrument  was  proved,  is 
guilty  of  forgery  in  the  first  degree. 


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APPENDIX  XXII. 

Adultery. 

Penal  Law,  Sections  100-103. 

Section  100. — Adultery  defined.— iCdultery  is  the  sexual  inter- 
course of  two  persons,  either  of  ivlioni  is  married  to  a third  jierson. 

Section  101. — Adultery  a misdemeanor. — A person  ivho  commits 
adultery  is  guilty  of  a misdemeanor. 

Section  102. — Punishment  for  adultery. — A person  convicted  of 
a violation  of  this  article  is  punishable  by  imprisonment  in  a peniten- 
tiary or  county  jail,  for  not  more  than  six  months  or  by  a fine  of  not 
more  than  two  hundred  and  fifty  dollars,  or  by  both. 

Section  103. — Conviction  cannot  he  had  on  unsupported  testimony. 
• — A conviction  under  this  article  cannot  be  had  on  the  uncorroborated 
testimony  of  the  person  with  whom  the  offense  is  charged  to  have  been 
committed. 


APPEXDIX  XXIII. 

Eegulating  and  Eestraining  Practice  of  Midwifery  in  the 
City  of  Xeav  YMrk. 

Laws  1907,  Chapter  432,  Sections  1-3. 

Section  1. — The  Deiiartment  of  Health  in  the  City  of  Xeiv  Y^ork 
is  hereby  vested  ivith  the  power  and  authority  to  adopt  rules  and 
regulations  and  adopt  ordinances  governing  the  practice  of  midwifery 
in  the  City  of  Xew  YMrk,  including  rules  and  regulations  and  ordi- 
nances for  admission  to  said  practice,  the  exclusion  from  said  practice, 
and  the  regulation  and  inspection  of  midwives  and  the  practice  of 
midwifery  generally,  in  the  City  of  Xew  YYrk. 

Section  2 — As  used  in  this  act  the  practice  of  midwifery  means 
the  offering  or  undertaking  by  any  person  to  assist  for  a compensation 
of  any  kind  a woman  in  normal  child-birth,  but  it  does  not  include  at 
any  child-birth  the  use  of  any  instrument,  nor  the  assisting  of  child- 
birth by  any  artificial,  forcible  or  mechanical  means,  nor  the  per- 
formance of  any  version,  nor  the  removal  of  adherent  placenta,  nor 
the  administering,  prescribing,  advising  or  employing  in  child-birth 
any  drug  other  than  a disinfectant.  This  act  shall  not  be  construed 
as  applying  to  any  practitioner  of  medicine  duly  authorized  to  practice 
medicine  and  registered  according  to  laiv,  nor  shall  it  authorize  any 
midwife  to  practice  medicine. 

Section  3. — Any  person  wlio  shall  practice  midwifery  in  tlie  City 
of  Xew  York  in  violation  of  any  rules,  regulations  or  ordinances  pro- 
mulgated by  the  Department  of  Health  shall  be  guilti'  of  a misde- 
meanor. 


Appendices 


183 


APPEA^DIX  XXIII  A. 

Pules  and  Peculations  Governing  the  Practice  of  Midwifery 
IN  THE  City  of  New  York. 

Board  of  Health,  Pules  1-10,  1908d 

1.  No  person  other  than  a duly  authorized  physician  shall  engage 
in  the  practice  of  midwifery  without  a permit  from  the  Board  of 
Health.  No  permit  will  be  granted  unless  an  application,  made  on 
the  printed  blank  form  issued  by  the  Board,  has  been  filed  with  the 
Department  of  Health. 

2.  This  application  must  be  certified  to  by  two  regularly  licensed 
and  registered  physicians,  and  by  one  reputable  and  responsible  lay- 
man (preferably  a clergyman,  priest  or  rabbi). 

3.  The  applicant  must  be  twenty-one  years  of  age  or  over,  and  of 
moral  character.  She  must  be  able  to  read  and  write.  She  must  be 
clean  and  constantly  show  evidences,  in  general  appearance,  of  habits 
of  cleanliness.  She  must  have  attended,  under  the  instruction  of  a 
licensed  and  registered  physician,  at  least  twenty  cases  of  labor  and 
have  had  the  care  of  at  least  twenty  mothers  and  new-born  infants 
during  the  lying-in  period  (10  days). 

4.  The  Board  of  Health  may  issue  a permit  to  practice  midwifery 
within  thirty  days  after  an  application  for  such  permit  has  been  filed, 
provided  the  applicant  is  considered  competent  to  care  for  women  in 
normal  labor. 

5-  This  permit  will  allow  the  holder  to  act  as  a midwife  for  one 
year  from  the  date  of  issuance,  and  must  be  renewed  at  the  end  of  that 
time.  The  Board  of  Health  may  at  any  time  revoke  this  permit. 

6.  No  permit  will  be  granted  to  an  applicant  who  has  been  con- 
victed of  criminal  practice,  and  any  such  conviction  will  be  sufficient 
cause  for  the  revocation  of  a permit. 

7.  Before  a permit  is  given  to  an  applicant  she  must  appear  in 
person  at  the  Department  of  Health  (Fifty-fifth  Street  and  Sixth 
Avenue),  and  register  her  name  and  address.  She  will  also  receive 
and  receipt  for  a copy  of  rules  and  regulations  governing  the  practice 
of  midwifery  which  have  been  adopted  b}^  the  Board  of  Health.  These 
rules  and  regulations  must  be  explicitly  followed. 

8.  Any  midwife  changing  her  name  or  address  must  at  once 
report  such  changes  to  the  Department  of  Health. 

9.  A midwife  can  attend  only  cases  of  labor  in  which  there  is  an 
uncomplicated  vertex  (head)  presentation.  In  all  other  cases  a phy- 
sician must  be  called. 

10.  The  liome  of  a midwife,  her  equipment,  record  of  cases  and 
resistrv  of  births  shall  at  all  times  be  open  to  inspection  by  the  author- 
ized officers,  inspectors  and  agents  of  the  Department  of  Health. 

’ Rules  numbered  11-35  are  omitted  since  they  refer  mainly  to  matters  of 
health. 


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The  Social  Evil  in  New  York  City 


APPENDIX  XXIII  B. 

Licenses  and  Permits  eoe  the  Practice  of  Midwifery- 
Sanitary  Code,  Sections  184,  159. 

Section  ISJ/.. — No  person  other  than  a licensed  physician  shall 
practice  midwifery  in  the  City  of  Nev"  York  without  a permit  of  the 
Board  of  Health  authorizing  such  practice,  and  no  person  unless  au- 
thorized by  law  to  do  so  shall  conduct  a lying-in  hospital,  home,  or 
place  for  the  care  of  pregnant  and  parturient  women,  or  advertise, 
offer,  or  undertake  to  receive  and  care  for  them  at  such  place  or  at  his 
home,  without  a permit  from  the  Board  of  Health. 

Section  159. — * * * * j-j-  shall  also  be  the  duty  of  physicians  and 
professional  midwives  to  keep  a registry  of  the  several  births  in  which 
they  have  assisted  professionally,  which  shall  contain  as  near  as  the 
same  can  be  ascertained,  the  time  and  place  of  such  birth,  name,  sex 
and  color  of  the  child,  the  name,  residence,  birthplace  and  age  of  the 
parents,  the  occupation  of  the  father  and  the  maiden  name  of  the 
mother,  and  to  report  the  same  within  ten  days  to  the  Department  of 
Health. 


Appendices 


185 


APPENDIX  XXIY. 

Abortion. 

Penal  Law,  Sections  80,  82,  1050,  1051,  1142. 

Section  80. — Definition  and  punishment  of  abortion. — A person 
who,  with  intent  thereby  to  procure  the  miscarriage  of  a woman,  unless 
the  same  is  necessary  to  preserve  the  life  of  the  woman,  or  the  child 
with  which  she  is  pregnant,  either : 

1.  Prescribes,  supplies,  or  administers  to  woman,  whether  preg- 
nant or  not,  or  advises  or  causes  a woman  to  take  any  medicine  or 
drug  or  substance;  or, 

2.  Uses,  or  causes  to  be  used,  any  instrument  or  other  means, 
is  guilty  of  abortion,  and  is  punishable  by  imprisonment  in  a state 
prison  for  not  more  than  four  years,  or  in  a county  jail  for  not  more 
than  one  5Bar- 

Section  82. — Selling  drugs  or  instruments  to  procure  a miscar- 
riage.— A person  who  manufactures,  gives  or  sells  an  instrument,  a 
medicine  or  drug,  or  any  other  substance,  with  intent  that  the  same 
may  be  unlawfully  used  in  procuring  the  miscarriage  of  a woman,  is 
guilty  of  a felony. 

Section  1050. — Killing  unborn  quick  child  by  administering  drugs. 
— The  willful  killing  of  an  unborn  quick  child,  by  an  injury  com- 
mitted upon  the  person  of  the  mother  of  such  child,  is  manslaughter 
in  the  first  degree. 

A person  who  provides,  supplies,  or  administers  to  a woman, 
whether  pregnant  or  not,  or  who  prescribes  for,  or  advises  or  procures 
a woman  to  take  any  medicine,  drug  or  substance,  or  who  uses  or 
employs,  or  causes  to  be  used  or  employed,  any  instrument  or  other 
means,  with  intent  thereby  to  procure  the  miscarriage  of  a woman, 
unless  the  same  is  necessary  to  preserve  her  life,  in  case  the  death 
of  the  woman,  or  of  any  quick  child  of  which  she  is  pregnant,  is 
thereby  produced,  is  guilty  of  manslaughter  in  the  first  degree. 

Section  1051. — Punishment  for  manslaughter  in  the  first  degree. 
— Manslaughter  in  the  first  degree  is  punishable  by  imprisonment 
for  a term  not  exceeding  twenty  years. 

Section  llJf2. — Indecent  Articles. — A person  who  sells,  lends, 
gives  away,  or  in  any  manner  exhibits  or  offers  to  sell, 
lend  or  give  away,  or  has  in  his  possession  with  intent  to 
sell,  lend  or  give  awa)^,  or  advertises,  or  offers  for  sale,  loan 
or  distribution,  an}^  instrument  or  article,  or  any  recipe,  drug  or 
medicine  for  the  prevention  of  concepti,on,  or  for  causing  unlawful 
abortion,  or  purporting  to  be  for  the  prevention  of  conception,  or 
for  causing  unlawful  abortion,  or  advertises,  or  holds  out  represen- 
tations that  it  can  be  so  used  or  applied,  or  any  such  description  as 
will  be  calculated  to  lead  another  to  so  use  or  apply  any  such  article, 
recipe,  drug,  medicine  or  instrument,  or  who  writes  or  prints,  or 
causes  to  be  written  or  printed,  a card,  circular,  pamphlet,  advertise- 
ment or  notice  of  any  kind,  or  gives  information  orally,  stating  when, 
where,  how,  of  whom,  or  by  what  means  such  an  instrument,  article, 
recipe,  drug  or  medicine  can  be  purchased  or  obtained,  or  who  manu- 


186 


The  Social  Evil  in  New  York  City 


factures  any  such  instrument,  article,  recipe,  drug  or  medicine,  is 
guilty  of  a misdemeanor,  and  shall  be  liable  to  the  same  penalties  as 
provided  in  section  eleven  hundred  and  forty-one  of  this  chapter.  (Is 
guilty  of  a misdemeanor,  and,  upon  conviction,  shall  be  sentenced  to 
not  less  than  ten  days  nor  more  than  one  year  imprisonment  or  be 
fined  not  less  than  fifty  dollars  nor  more  than  one  thousand  dollars  or 
both  fine  and  imprisonment  for  each  offense.) 


Appendices 


187 


APPEAtdIX  XXV. 

Sale  of  Cocaine  or  Eucaine  and  Begllations  as  to  Prescrip- 
tions FOR  Opium  and  Morphine. 

Penal  Law,  Sections  1533-1745-1746. 

Section  1533. — Permitting  nse  of  building  for  nuisance;  opium 
smoking. — A person  who : 

1.  Lets,  or  permits  to  be  used,  a building,  or  a portion  of  a build- 
ing, knowing  that  it  is  intended  to  be  used  for  committing  or  main- 
taining a public  nuisance;  or, 

2.  Opens  or  maintains  a place  where  opium,  or  any  of  its  prepara- 
tions, is  smoked  by  other  persons ; or, 

3.  At  such  place  sells  or  gives  away  any  opium,  or  its  said  prepara- 
tions, to  be  there  smoked  or  otherwise  used;  or, 

4.  Visits  or  resorts  to  any  such  place  for  the  purpose  of  smoking 
opium  or  its  said  preparations,  is  guilty  of  a misdemeanor. 

Section  17 45. — A person  who,  except  on  the  written  or  verbal  order 
of  a physician,  refills  more  than  once  prescriptions  containing  opium, 
morphine  or  preparations  of  either,  in  which  the  dose  of  opium  exceeds 
one-fourth  grain,  or  morphine  one-twentieth  grain,  is  guilty  of  a mis- 
demeanor. 

Section  1746. — It  shall  be  unlawful  for  any  person  to  sell,  furnish 
or  dispose  of  alkaloid  cocaine  or  its  salts,  or  alpha  or  beta, eucaine  or 
their  salts  or  an}''  admixture  of  cocaine  or  eucaine,  except  upon  the 
written  prescription  of  a duly  registered  physician,  which  prescription 
shall  be  retained  by  the  person  Avho  dispenses  the  same,  shall  be  filled 
but  once  and  of  which  no  copy  shall  be  taken  by  any  person;  except, 
however,  that  such  alkaloid  cocaine  or  its  salts,  and  alpha  or  beta 
eucaine  or  their  salts  may  lawfully  be  sold  at  wholesale  upon  the 
written  order  of  a licensed  pharmacist  or  licensed  druggist,  duly  regis- 
tered practicing  physician,  licensed  veterinarian  or  licensed  dentist 
provided  that  the  wholesale  dealer  shall  affix  or  cause  to  be  affixed  to 
the  bottle,  box,  vessel  or  package  containing  the  article  sold,  and  upon 
the  outside  wrapper  of  the  package  as  originally  put  up,  a label  dis- 
tinctly displaying  the  name  and  quantity  of  cocaine  or  its  salts,  alpha 
or  beta  eucaine  or  their  salts,  sold,  and  the  word  “poison”  with  the 
name  and  place  of  business  of  the  seller,  all  printed  in  red  ink;  and 
provided  also  that  the  wholesale  dealer  shall  before  delivering  any  of 
the  articles  make  or  cause  to  be  made  in  a book  kept  for  the  purpose 
an  entry  of  the  sale  thereof  stating  the  date  of  sale,  "the  quantity,  name 
and  form  in  which  sold,  the  name  ami  address  of  the  purchaser,  and 
the  name  of  the  person  by  whom  the  entry  is  made  ; and  the  said  book 
shall  be  always  open  for  inspection  by  the  proper  authorities  and  shall 
be  preserved  for  at  least  five  years  after  the  date  of  the  last  entry  made 
therein;  and  provided  also  that  any  manufacturer  may  sell  to  another 
manufacturer  of  the  same  article,  or  to  a wholesale  dealer  in  drugs,  or, 
a wholesale  dealer  in  drugs  may  sell  to  a manufacturer  of  the  same 
article,  or  to  another  wholesale  dealer  in  drugs,  alkaloid  cocaine  or  its 
salts  or  alpha  or  beta  eucaine  or  their  salts  or  any  admixture  of  cocaine 
or  eucaine  in  the  original  package.  Such  package  shall  be  labeled  as 


188 


The  Social  Evil  in  New  York  City 


herein  provided  and  shall  be  securely  sealed.  Each  manufacturer  and 
each  wholesale  dealer  in  drugs  shall,  before  the  deliver}^  or  at  the  time 
of  the  receipt,  as  the  case  ma)^  be,  of  any  such  drug,  enter  or  cause  to  be 
entered  in  a book  to  be  kept  by  them  respectively  for  that  purpose,  a 
record  of  the  purchase  and  sale  of  such  drug,  stating  the  date  of 
purchase ; the  date  of  sale  and  the  name  and  address  of  the  person  to 
whom  sold ; and  the  name  and  address  of  the  person  from ' whom 
purchased;  the  quantity,  name  and  form  in  which  sold  and  a descrip- 
tion of  the  package  or  container  in  which  sold  and  how  sealed  and 
there  shall  also  be  entered  in  such  book  at  the  place  of  such  record  a 
statement  that  such  drug  was  sold  or  purchased,  as  the  ease  may  be,  in 
the  original  package ; that  the  seals  thereon  were  undamaged  and  un- 
broken and  the  labels  were  attached  thereto  as  herein  provided  and 
were  not  in  any  manner  defaced  or  damaged,  which  statement  shall 
be  signed  b)^  the  person  selling  such  drug  and  the  person  purchasing 
such  drug  in  the  books  herein  required  to  be  kept  liy  them  respectively. 

Any  person  who  violates  any  of  the  provisions  of  this  section  shall 
be  guilty  of  felony  punishable  by  imprisonment  of  not  more  than  one 
year  or  a fine  of  not  more  than  one  thousand  dollars,  or  both. 


\ 


APPENDIX  XXY  A. 

Regulations  Regarding  Sale  of  Cocaine. 

Sanitary  Code,  Section  182. 

No  cocaine  or  salt  of  cocaine,  either  alone  or  in  combination  with 
other  substance,  shall  be  sold  at  retail  by  any  person  in  the  City  of 
New  York,  except  upon  the  prescription  of  a physician.  [No  penalty 
is  specifically  provided.] 


Appendices 


189 


APPEA^DIX  XXVI. 

Eape. 

Penal  Law,  Sections  3010-2012. 

Section  2010. — Eape  defined. — A person  who  perpetrates  an  act 
of  sexnal  intercourse  with  a female  not  his  wife,  against  her  will  or 
without  her  consent;  or, 

1.  When  through  idiocj^,  imbecility  or  any  unsoundness  of  mind, 
either  temporary  or  permanent,  she  is  incapable  of  giving  consent,  or, 
by  reason  of  mental  or  physical  weakness,  or  immaturity,  or  any 
bodily  ailment,  she  does  not  offer  resistance;  or, 

2.  When  her  resistance  is  forcibly  overcome;  or, 

3.  When  her  resistance  is  prevented  by  fear  of  immediate  and 
great  bodily  harm,  which  she  has  reasonable  cause  to  believe  will  be 
inflicted  upon  her;  or, 

4.  When  her  resistance  is  prevented  by  stupor,  or  weakness  of 
mind  produced  by  an  intoxicating,  or  narcotic,  or  angestheic  agent ; or 
when  she  is  known  by  the  defendant  to  be  in  such  state  of  stupor  or 
weakness  of  mind  from  any  cause ; or, 

5.  When  she  is,  at  the  time,  unconscious  of  the  nature  of  the 
act,  and  this  is  known  to  the  defendant ; or  when  she  is  in  the  custody 
of  the  law,  or  of  any  officer  thereof,  or  in  any  place  of  lawful  detention, 
temporary  or  permanent. 

Is  guilt}'  of  rape  in  the  first  degree  and  punishable  by  imprison- 
ment for  not  more  than  twent}^  years. 

A person  who  perpetrates  an  act  of  sexual  intercourse  with  a 
female,  not  his  wife,  under  the  age  of  eighteen  years,  under  the  cir- 
cumstances not  amounting  to  rape  in  the  first  degree,  is  guilty  of  rape 
in  the  second  degree,  and  punishable  with  imprisonment  for  not  more 
than  ten  years. 

Section  2011. — Penetration  sufficient. — Any  sexual  penetration, 
however  slight,  is  sufficient  to  complete  the  crime. 

Section  2012. — VHien  physical  abilitv  must  be  proved. — Xo  con- 
viction for  rape  can  be  had  against  one  who  was  under  the  age  of  four- 
teen years,  at  the  time  of  the  act  alleged,  unless  his  physical  ability 
to  accomplish  penetration  is  proved  as  an  independent  fact,  beyond  a 
reasonable  doubt. 


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APPENDIX  XXYII. 

Kidnapping. 

Penal  Law,  Section  1250. 

Section  1250. — A person  who  wilfully: 

1.  Seizes,  confines,  inveigles,  or  kidnaps  another,  with  intent  to 
cause  him,  without  authority  of  law,  to  be  secretly  confined  or  im- 
prisoned within  this  state,  or  to  be  sent  out  of  the  state,  or  to  be 
sold  as  a slave,  or  in  any  way  held  to  service  or  kept  or  detained,  against 
his  will ; or, 

2.  Leads,  takes,  entices  away,  or  detains  a child  under  the  age 
of  sixteen  years,  with  intent  to  keep  or  conceal  it  from  its  parents, 
guardian,  or  other  person  having  the  lawful  care  or  control  thereof, 
or  to  extort  or  obtain  money  or  reward  for  the  return  or  disposition  of 
the  child,  or  with  intent  to  steal  an}"  article  about  or  on  the  person  of 
the  child;  or, 

3.  Abducts,  entices,  or  by  force  or  fraud  unlawfully  takes,  or 
carries  away  another,  at  or  from  a place  without  the  state,  or  procures, 
advises,  aids  or  abets  such  an  abduction,  enticing,  taking,  or  carrying 
away,  and  afterwards  sends,  brings,  has  or  keeps  such  person,  or 
causes  hitn  to  be  kept  or  secreted  within  the  state. 

Is  guilty  of  kidnapping,  and  is  punishable  by  imprisonment  for 
not  less  than  five  years  nor  more  than  fifty  years.  [As  amended  bv 
L.  1909,  ch.  246.] ‘ 


Appendices 


191 


APPENDIX  XXVIII. 

Abduction. 

Penal  Law,  Sections  70,  71. 

Section  70. — A person  who: 

1.  Takes,  receives,  employs,  harbors  or  uses,  or  causes  or  procures 
to  be  taken,  received,  employed  or  harbored  or  used,  a female  under 
the  age  of  eighteen  years,  for  the  purpose  of  prostitution;  or,  not 
being  her  husband,  for  the  purpose  of  sexual  intercourse;  or,  without 
the  consent  of  her  father,  mother,  guardian  or  other  person  having 
legal  charge  of  her  person,  for  the  purpose  of  marriage;  or, 

2.  Inveigles  or  entices  an  unmarried  female,  of  previous  chaste 
character,  into  a house  of  ill-fame  or  of  assignation,  or  elsewhere,  for 
the  purpose  of  prostitution  or  sexual  intercourse ; or, 

3.  Takes  or  detains  a female  unlawfully  against  her  will,  with 
the  intent  to  compel  her,  by  force,  menace  or  duress,  to  marry  him, 
or  to  marry  any  other  person,  or  to  be  defiled ; or, 

4.  Being  parent,  guardian  or  other  person  having  legal  charge  of 
the  person  of  a female  under  the  age  of  eighteen  years,  consents  to 
her  taking  or  detaining  by  any  person  for  the  purpose  of  prostitution 
or  sexual  intercourse. 

Is  guilty  of  abduction  and  punishable  by  imprisonment  for  not 
more  than  ten  years,  or  by  a fine  of  not  more  than  one  thousand 
dollars,  or  by  both.  ' 

Section  71. — Xo  conviction  to  be  had  on  unsupported  testimony. — 
Xo  conviction  can  be  had  for  abduction  or  compulsory  marriage,  upon 
the  testimony  of  the  female  abducted  or  compelled,  unsupported  by 
evidence.  [As  amended  by  L.  1909,  ch.  524.] 


APPENDIX  XXIX. 

Children's  Court. 

Penal  Law,  Section  487. 

All  cases  involving  the  commitment  or  trial  of  children,  actually  or 
apparently  under  the  age  of  sixteen  years,  for  any  violation  of  law, 
in  any  court  shall  be  heard  and  determined  by  such  court,  at  suitable 
times  to  be  designated  therefor  by  it,  separate  and  apart  from  trial  of 
other  criminal  cases,  of  which  session  a separate  docket  and  record 
shall  be  kept.  All  such  cases  shall,  so  far  as  practicable,  be  heard  and 
determined  in  a separate  court  room  to  be  known  as  the  children’s 
oourt  and  to  be  used  exclusively  for  the  examination  and  trial  of 
children,  actually  or  apparently  under  the  age  of  sixteen  years,  charged 
with  any  offense.  And  all  such  cases  and  cases  of  offenses  by,  or 
against  the  person  of,  a child  under  the  age  of  sixteen  years  shall 
have  preference  over  all  other  cases,  before  all  magistrates  and  in  all 
courts  and  tribunals  in  this  state  both  civil  and  criminal ; and  where 
a child  is  committed  or  detained  as  a witness  in  any  ease  such  case 
shall  be  brought  to  trial  or  otherwise  disposed  of  without  delay, 
whether  the  defendant  be  in  custody  or  enlarged  on  bail. 


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APPENDIX  XXX. 

Endangering  Lire  or  Health  of  Child. 

Penal  Law,  Section  483,  484,  486. 

A person  who : 

1.  Willfully  causes  or  permits  the  life  or  limb  of  any  child  actually 
or  apparently  under  the  age  of  sixteen  years  to  he  endangered,  or  its 
health  to  be  injured,  or  its  morals  to  become  depraved;  or, 

2.  Willfully  causes  or  permits  such  child  to  be  placed  in  such  a 
situation  or  to  engage  in  such  an  occupation  that  its  life  or  limb  is 
endangered,  or  its  health  is  likely  to  be  injured,  or  its  morals  likely  to 
be  impaired,  is  guilty  of  a misdemeanor. 

3.  Any  parent  or  guardian  or  other  person  having  custody  of  a 
child  under  sixteen  years  of  age,  except  in  the  City  of  Xew  Y^ork,  who 
omits  to  exercise  due  diligence  in  the  control  of  such  child,  to  prevent 
such  child  from  violating  any  of  the  provisions  of  this  article  and  any 
such  person  or  any  other  person  responsible  for  or  who  by  any  act  or 
omission  causes,  encourages  or  contributes  to  the  violation  by  any 
such  child  of  said  provisions  shall  be  guilty  of  a misdemeanor  and 
punishable  accordingly. 

Section  liSk. — Permitting  children  to  attend  certain  resorts. — A 
person  who: 

1.  (Amended,  L.  1909,  ch.  278).  Admits  to  or  allows  to  remain 
in  any  dance  house,  concert  saloon,  theatre,  museum,  skating  rink, 
kiiietoscope  or  moving  picture  performance,  or  in  any  place  where  wines 
or  spirituous  or  malt  liquors  are  sold  or  given  away,  or  in  any  place  of 
entertainment  injurious  to  health  or  morals,  owned,  kept,  leased,  man- 
aged or  controlled  by  him  or  by  his  employer,  or  where  such  person 
is  employed  or  performs  such  services  as  doorkeeper  or  ticket  seller  or 
ticket  collector,  any  child  actually  or  apparently  under  the  age  of  six- 
teen years,  unless  accompanied  by  its  parents  or  guardian;  or 

2.  Suffers  or  permits  any  such  child  to  play  any  game  of  skill  or 
chance  in  any  such  place,  or  in  any  place  adjacent  thereto,  or  to  be  or 
remain  therein,  or  admits  or  allows  to  remain  in  any  reputed  house  of 
prostitution  or  assignation,  or  in  any  place  where  opium  or  any  prep- 
aration thereof  is  smoked,  an}'  child  actually  or  apparently  under  the 
age  of  sixteen  years;  or, 

3.  Sells  or  gives  away,  or  causes  or  permits  or  procures  to  be  sold 
or  given  away  to  any  child  actually  or  apparently  under  the  age  of 
sixteen  years  any  beer,  ale,  wine,  or  any  strong  or  spirituous  liquor; 
is  guilty  of  a misdemeanor. 

4.  Being  a pawnbroker  or  person  in  the  employ  of  a pawnbroker, 
makes  any  loan  or  advance  or  permits  to  be  loaned  or  advanced  to 
any  child  actually  or  apparently  under  the  age  of  sixteen  years  anv 
mouey,  or  in  any  manner  directly  or  indirectly  receives  any  goods, 
chattels,  wares  or  merchandise  from  anv'  such  child  in  pledge  for  loans 
made  or  to  be  made  to  it  or  to  any  other  person  or  otherwise  howso- 
ever ; or, 

5.  Sells,  pays  for  or  furnishes  an}*  cigar,  cigarette  or  tobacco  in 


Appendices 


193 


any  of  its  forms  to  any  child  actually  or  apparently  under  the  age 
of  sixteen  years ; or, 

6.  Being  the  oumer,  keeper  or  proprietor  of  a junk  shop,  junk 
cart  or  other  vehicle  or  boat  or  other  vessel  used  for  the  collection  of 
junk,  or  any  collector  of  junk  receives  or  purchases  any  goods,  chattels, 
wares  or  merchandise  from  any  child  under  the  age  of  sixteen. 

Is  guilty  of  a misdemeanor. 

It  shall  be  no  defense  to  a prosecution  for  a violation  of  subdivi- 
sions three,  four,  five  or  six  of  this  section,  that,  in  the  transaction 
upon  which  the  prosecution  is  based  the  child  acted  as  the  agent  or 
representative  of  another,  or  that  the  defendant  dealt  with  such  child 
as  the  agent  or  representative  of  another. 

Section  J/SS. — Prohibited  acts. — Any  child  actually  or  apparently 
under  the  age  of  sixteen  years  who  is  found ; * * * * 

4.  Frequenting  or  being  in  the  company  of  reputed  thieves  or 
prostitutes,  or  in  a reputed  house  of  prostitution  or  assignation,  or 
living  in  such  a house  either  with  or  without  its  parent  or  guardian, 
or  being  in  concert  saloons,  dance  houses,  theatres,  museums  or  other 
places  of  entertainment,  or  places  where  wines,  malt,  or  spirituous 
liquors  are  sold,  without  being  in  charge  of  its  parent  or  guardian; 
or  playing  any  game  of  chance  or  skill  in  any  place  wherein  or  adj  acent 
to  which  any  beer,  ale,  wine  or  liquor  is  sold  or  given  away,  or  being 
in  any  such  place,  * * * * ' 

Must  be  arrested  and  brought  before  a proper  court  or  magistrate, 
who  ma}^  commit  the  child  to  any  incorporated  charitable  reformatory, 
or  other  institution,  and  when  practicable,  to  such  as  is  governed  by 
persons  of  the  same  religious  faith  as  the  parents  of  the  child,  or  may 
make  any  disposition  of  the  child  such  as  now  is,  or  hereafter  may 
be  authorized  in  the  cases  of  vagrants,  truants,  paupers,  or  disorderly 
persons,  but  such  commitment  shall,  so  far  as  practicable,  be  made  to 
such  charitable  or  reformatory  institutions.  * * * * 


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The  Social  Evil  in  New  York  City 


APPENDIX  XXXI. 

Messenger  Boys. 

Penal  Law,  Sections  488,  490. 

Section  Ji8S. — Sending  messenger  boys  to  certain  places. — A cor- 
poration or  person  emplo3dng  messenger  boys  who : 

1.  Knowingly  places  or  permits  to  remain  in  a disorder!}’  house, 
or  in  an  unlicensed  saloon,  inn,  tavern  or  other  unlicensed  place 
where  malt  or  spirituous  liquors  or  wines  are  sold,  any  instrument  or 
device  by  which  communication  may  be  had  between  such  disorderly 
house,  saloon,  inn,  tavern,  or  unlicensed  place,  and  any  office  or  place 
of  business  of  such  corporation  or  person;  or, 

2.  Knowingly  sends  or  permits  any  person  to  send  any  messenger 
hoy  to  any  disorderly  house,  unlicensed  saloon,  imi,  tavern,  or  other 
unlicensed  place,  where  malt  or  spirituous  liquors  or  wines  are  sold,  on 
any  errand  or  business  whatsoever  except  to  deliver  telegrams  at  the 
door  of  such  house  is  guilty  of  a misdemeanor  and  incurs  a penalty  of 
fifty  dollars  to  be  recovered  by  the  district  attorney. 

Section  490. — Duty  of  officers. — A constable  or  police  officer  must, 
and  any  agent  or  any  officer  of  any  incorporated  societ}’  for  the  pre- 
vention of  cruelty  to  children  may  arrest  and  bring  before  a court  or 
magistrate  having  jurisdiction,  any  person  offending  against  any  of 
the  provisions  of  this  article  and  any  minor  coming  within  any  of  the 
descriptions  of  children  mentioned  in  section  four  hundred  and  eighty- 
five,  and  four  hundred  itfid  eighty-six,  or  in  four  hundred  and  eighty- 
seven.  Such  constable,  police  officer  or  agent  may  interfere  to  prevent 
the  perpetration  in  his  presence  of  any  act  forbidden  by  this  article. 

A person  who  obstructs  or  interferes  with  any  officer  or  agent  of 
such  society  in  the  exercise  of  his  authorit}^  under  this  article  is  guilty 
of  a misdemeanor. 


Appendices 


195 


APPEJfDIX  XXXII. 

Hours  op  Labor  of  Minors. 

Labor  Law,  Article  II,  Section  161. 

Xo  child  under  the  age  of  sixteen  years  shall  be  employed,  per- 
mitted or  suffered  to  work  in  or  in  connection  with  any  mercantile 
establishment,  business  office,  or  telegraph  office,  restaurant,  hotel, 
apartment  house,  or  in  the  distribution  or  transmission  of  merchandise 
or  messages,  more  than  fifty-four  hours  in  any  one  week,  or  more  than 
nine  hours  in  any  one  day,  or  before  seven  o’clock  in  the  morning  or 
after  ten  o’clock  in  the  evening  of  any  day.  But  in  cities  of  the  first 
class  no  child  under  the  age  of  sixteen  3rears  shall  be  employed,  per- 
mitted or  suffered  to  work  in  or  in  connection  with  any  such  establish- 
ment after  seven  o’clock  in  the  evening  of  any  day.  Xo  female 
employee  between  sixteen  and  twenty-one  years  of  age  shall  be  required, 
permitted  or  suffered  to  work  in  or  in  connection  with  any  mercantile 
establishment  more  than  sixt}^  hours  in  any  one  week ; or  more  than  ten 
hours  in  any  one  day,  unless  for  the  purpose  of  making  a shorter  work 
day  of  some  one  day  of  the  week ; or  before  seven  o’clock  in  the  morning 
or  after  ten  o’clock  in  the  evening  of  any  day.  This  section  does  not 
apply  to  the  employment  of  persons  sixteen  years  of  age  or  upward 
on  Saturday,  provided  the  total  number  of  hours  of  labor  in  a week 
of  any  such  person  does  not  exceed  sixty  hours,  nor  to  the  employment 
of  such  persons  between  the  fifteenth  day  of  December  and'  the  follow- 
ing first  day  of  January.  Xot  less  than  forty-five  minutes  shall  be 
allowed  for  the  noonday  meal  of  the  employees  of  any  such  establish- 
ment. 

I 

APPEXDIX  XXXII  A. 

Violations  of  Provisions  of  Labor  Law. 

Penal  Law,  Section  1275. 

An}^  person  who  violates  or  does  not  comply  with:  * * * * 

7.  The  provisions  of  article  eleven  of  the  labor  law,  relating  to 
mercantile  establishments,  and  the  employment  of  women  and  children 
therein:  ^ * 

Is  guilty  of  a misdemeanor  and  upon  conviction  shall  be  punished 
for  a first  offense  by  a fine  of  not  less  than  twenty  nor  more  than  fifty 
dollars;  for  a second  offense  by  a fine  of  not  less  than  fifty  nor  more 
than  two  hundred  dollars,  or  by  imprisonment  for  not  more  than  thirty 
days,  or  by  both  such  fine  and  imprisonment;  for  a third  offense  by  a 
fine  of  not  less  than  two  hundred  and  fifty  dollars,  or  by  imprison- 
ment for  not  more  than  sixty  days,  or  liy  both  such  fine  and  imprison- 
ment. • 


196 


The  Social  Evil  in  New  York  City 


APPENDIX  XXXllI. 

Employment  Agency  Law. 

General  Business  Law  [Consolidated  Laws,  ch.  20;  L.  1909,  eh.  25], 
Art.  11,  Section  177. 

Section  7. — Character  of  employer ; fraud. — No  such  licensed  per- 
son shall  send  or  cause  to  be  sent  any  female  as  a servant  or  inmate 
or  performer  to  enter  any  place  of  bad  repute,  house  of  ill-fame,  or 
assignation  house,  or  to  any  house  or  place  of  amusement  kept  for 
immoral  purposes,  or  place  resorted  to  for  the  purposes  of  prostitution, 
or  gambling  house,  the  character  of  which  such  licensed  person  could 
have  ascertained  upon  reasonable  inquiry.  No  such  licensed  person 
shall  knowingly  permit  any  person  of  bad  character,  prostitutes, 
gamblers,  intoxicated  persons  or  procurers  to  frequent  such  agency. 
No  such  licensed  person  shall  accept  any  application  for  employment 
made  by  or  on  behalf  of  any  child  or  shall  place  or  assist  in  placing 
any  such  child  in  any  employment  whatever  in  violation  of  the  com- 
pulsory education  law,  known  as  title  sixteen,  of  the  consolidated 
school  law  of  eighteen  hundred  and  ninety-four,  as  amended;  and  in 
violation  of  chapter  four  hundred  and  fifteen  of  the  laws  of  eighteen 
hundred  and  ninety-seven,  known  as  the  labor  law.  No  licensed  per- 
son, his  agents,  servants  or  employees,  shall  induce  or  compel  any 
person  to  enter  such  agency  for  any  purpose,  by  the  use  of  force  or 
by  taking  forcible  possession  of  said  person’s  property.  No  such 
licensed  person,  his  agents  or  employees,  shall  have  sexual  intercourse 
with  any  female  applicant  for  employment.  No  such  person  shall  pro- 
cure or  offer  to  procure  help  or  employment  in  rooms  or  on  premises 
wdiere  intoxicating  liquors  are  sold  to  be  consumed  on  the  premises 
whether  or  not  dues  or  a fee  or  privilege  is  exacted,  charged,  or 
received  directly  or  indirectly.  For  the  violation  of  any  of  the  fore- 
going provisions  of  this  section  the  penalty  shall  be  a fine  of  not  less 
than  fifty  dollars,  and  not  more  than  two  hundred  and  fifD'  dollars, 
or  imprisonment  for  a period  of  not  more  than  one  year  or  both,  at 
the  discretion  of  the  court.  No  such  licensed  person  shall  publish  or 
cause  to  be  published  any  false  or  fraudulent  or  misleading  notice  or 
advertisement;  all  advertisements  of  such  employment  agency  by 
means  of  cards,  circulars,  or  signs  and  in  newspapers  and  other  pub- 
lications, and  all  letter  heads,  receipts,  and  blanks  shall  contain  the 
name  and  address  of  such  employment  agency  and  no  such  licensed 
person  shall  give  any  false  information,  or  make  any  false  promise  or 
false  representation  concerning  emplonnent  to  any  applicant  who 
shall  register  for  employment  or  help.^ 


1 The  preceding  sections  of  this  article  provide,  among  other  things,  that  an 
employment  agent  must  secure  a license,  give  a bond,  keep  a register  of  all  trans- 
actions and  communicate  orally  or  in  writing  with  at  least  one  of  the  persons 
mentioned  as  references  for  every  applicant  for  work  in  private  families,  or  em- 
ployed in  a fiduciary  capacity. 


Appendices 


197 


APPENDIX  XXXIV. 

Assault. 

Penal  Laiv^  Sections  240-245. 

Section  2JfO.  Assault  in  first  degree  defined.  A person  who,  with 
an  intent  to  kill  a hninan  being,  or  to  commit  a felony  upon  the  person 
or  property  of  the  one  assaulted,  or  of  another : 

1.  Assaults  another  with  a loaded  fire  arm,  or  any  other  deadly 
weapon,  or  by  any  6ther  means  or  force  likely  to  produce  death;  or, 

. 2.  Administers  to  or  causes  to  lie  administered  to  or  taken  by 
another,  poison,  or  any  other  destructive  or  noxious  thing,  so  as  to 
endanger  the  life  of  such  other,  is  guilty  of  assault  in  the  first  degree. 

Section  2Jf.l.  Punishment  for  assault  in  first  degree.  Assault  in 
the  first  degree  is  punishable  by  imprisonment  for  a term  not  exceed- 
ing ten  years. 

Section  2Jf2.  Assault  in  second  degree.  A person  who,  under 
circumstances  not  amounting  to  the  crime  specified  in  section  two 
hundred  and  forty, 

1.  With  intent  to  injure,  unlawfully  administers  to,  or  causes  to 

be  administered  to,  or  taken  by  another,  poison,  or  any  other  de- 
structive or  noxious  thing,  or  any  drug  or  medicine  the  use  of  which 
is  dangerous  to  life,  or  health;  or,  , 

2.  With  intent  thereby  to  enable  or  assist  himself  or  any  other 
person  to  commit  any  crime,  administers  to  or  causes  to  be  admin- 
istered to  or  taken  by  another,  chloroform,  ether,  laudanum,  or  any 
other  intoxicating  narcotic  or  anaisthetic  agent  ; or, 

3.  Wilfully  and  wrongfully  wounds  or  inflicts  grievous  bodily 
harm  upon  another,  either  with  or  without  a weapon;  or, 

4.  Wilfully  and  wrongfully  assaults  another  by  the  use  of  a 
weapon,  or  other  instrument  or  thing  likely  to  produce  grievous  bodily 
harm;  or, 

5.  Assaults  another  with  intent  to  commit  a felony,  or  to  prevent 
or  resist  the  execution  of  any  lawful  process  or  mandate  of  any  court 
officer,  or  the  lawful  apprehension  or  detention  of  himself,  or  any 
other  person,  is  guilty  of  assault  in  the  second  degree. 

Section  243.  Punishment  for  assault  in  second  degree. 

Assault  in  the  second  degree  is  punishable  by  imprisonment  in  a 
penitentiary  or  state  prison  for  a term  not  exceeding  five  years,  or  by 
a fine  of  not  more  than  one  thousand  dollars,  or  both. 

Section  244-  Assault  in  third  degree. 

A person  who  commits  an  assault,  or  an  assault  and  battery,  not 
such  as  is  specified  in  sections  two  hundred  and  forty  and  two  hundred 
and  forty-two,  is  guilty  of  assault  in  the  third  degree. 

Section  245.  Punishment  for  assault  in  third  degree.  Assa,ult 
in  the  third  degree  is  punishalfie  liy  imprisonment  for  not  more  than 
one  year,  or  by  a fine  of  not  more  than  five  hundred  dollars,  or  both. 


198 


The  Social  Evil  in  New  York  City 


APPENDIX  XXXV. 

Penalty  for  a Misdemeanor. 

Penal  Law,  Section  1937. 

A person  convicted  of  a crime  declared  to  be  a misdemeanor,  for 
which  no  other  punishment  is  specially  prescribed  b}'’  this  chapter,  or 
by  any  other  statutory  provision  in  force  at  the  time  of  the  conviction 
and  sentence,  is  punishable  by  imprisonment  in  a penitentiar}',  or 
county  jail,  for  not  more  than  one.  year,  or  by  a fine  of  not  more  than 
five  hundred  dollars,  or  by  both. 


TABLES 


200 


The  Social  Evil  in  New  York  City 


m 

K 

CJ 

P 

O 

« 

o 

fQ 


W 

03 

< 

h 


p 

p 

< 

« 

o 

fa 

03 

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fa 

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2 

fa 

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fa 

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fa 

fa 

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P 

o 


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p 

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fa 

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fa 

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fa 

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o i 

fag 


^ cn 

ffi  s 

Pm 


Ct3  ^ Ci  iC  00  X 


(NiTO  OCO 
00-^0 
05  05  C5 


^_rcc 


1 K^>?“0000 

I ^3*202222 


Tenement  House  Department  Records  for  Manhattan. 


Statistics 


201 


."O 

4^  0) 

S.l 
s a 

0)  CO 


U5  CC-HOOOO 


^ <u 

S.2 

ga 

0)  CO 


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CO  oeo 
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•<4Sl-5QrH^r-lr 


202 


The  Social  Evil  ix  New  Yoke  City 


: : : : i 

^ 3 ' 


Totiil 


Statistics 


203 


w 

H 

Is 

H . 

H cc 

Si 

o O 

£ I 

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ffi  c 

o ^ 
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K g 

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t>ifltM.t«OOt-i':Ot^l>-iCcOX«iN«-^i-iOOi005<NC<J’»^<OC5'Ml>t>-iOCCC5t^t-CCC^CiO-<GOGOOOXXiCOO 


Total  number  of  days:  1974;  Average  number  of  days:  11.28. 


One  Hundred  and  Forty-eight  Disorderly  House  Cases  in  Tenements  in  Manhattan  by  Sex  and 
Nationality  of  Defendant  and  Disposition  of  Same  in  Essex  Market  Court 
January  1st,  1908  to  October  2nd,  1908. 


204 


The  Social  Evil  in  New  York  City 


nationality 

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TABLE  VII 

Fifty-one  Disorderly  House  Cases  in  Tenements  in  Manhattan  and  Disposition  op  Same  in  the  Seventh 


206 


The  Social  Evil  in  New  York  City 


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VIII. 


Statistics 


207 


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208 


The  Social  Evil  in  New  York  City 


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Statistics 


209 


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Disorderly  Conditions  in  Manhattan  by  Police  Precincts  From  Tenement  House  Department  Records. 

January  1st,  1904,  to  October  2nd,  1908. 


210 


The  Social  Evil  in  New  York  City 


O X L'S 


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List  of  One  Hundkel  and  Thirty-three  Addresses  Which  Appeared  in  Tenement  House  Department 
Records  from  January  1st,  1904,  to  October  2nd,  1908,  and  Personal  Investigation 
OF  Same  During  January,  February,  March  and  April,  1909 


212 


The  Social  Evil  in  New  York  City 


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TABLE  XII. — Continued. 


Statistics 


213 


II 


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325 


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214 


The  Social  Evil  in  New  Yoek  City 


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TENEMENT  HOUSE  RECORDS  PERSONAL  INVESTIGATION 


Statistics 


215 


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TENEMENT  HOUSE  RECORDS  PERSONAL  INVESTIGATION. 


216 


The  Social  Evil  in  New  York  City 


§§  : : :i§ 


§1 

o c • 


9£ 


^||||||iiii|iiiiisiiiiiiiiiiiii|ll 


TABLE  yill—Conduded 


Statistics 


217 


218 


The  Social  Evil  ix  Xev  York  City 


X 

H 

CQ 

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H 


to 

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« 

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to 

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to 

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Statistics 


219 


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rs  O'C  35  3, 

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- X X c 


Total 34 C2  15  or  44.1 


Workhouse  Record  of  Sixty-eight  Women  Sentenced  on  the  Charge  of  Violating  Section  150  of 
Tenement  House  Law,  January  1st,  1909,  to  August  31st,  1909. 


220 


The  Social  Evil  in  New  York  City 


Discharged  by  Magistrate. 

Under  Cumulative  Sen- 

tence Law. 

Discharged  by  Magistrate. 

Discharged  by  Magistrate 

upon  order  submitted. 

Di.scharged  by  Magistrate. 

Discharged  by  Magistrate. 

On  prob.ation  Magistrate 

Court  Record. 

Time  reduced  by  Judge  of 

General  Sessions  on  Ap- 

peal. 

Length  of  Time  Served 

Days 

5 days. . 

20  days. 

Months 

Full  Term.. 
Full  Term. 

2 months.  . . 
Full  Term. 
Full  Term.. 

2 months . . . 

Full  Term. 
Full  Term. 
Full  Term. 
Full  Term. 

4 months. . . 

Full  Term. 

Full  Term. 

1 month 

1 month 

Full  Term. 

Full  Term. 

1 month 

Full  Term. 

1 month 

Full  Term. 

Full  Term. 

2 mouths . . . 

Full  Term. 

Full  Term. 

Full  Term. 

Full  Term. 

Full  Term. 

j Date  of  Release 

Year 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

Month 

July  14. . . . 
July  14, . . . 
March  22. . 
July  21..  . . 
July  25. . . . 
April  16 . . . 

July  30. . . . 
July  7. . . . 
July  3. , . . 
July  .30..  . . 

May  1 

July  28. . . . 
July  28. . . . 
March  4. . . 
March  29.  . 
August  19.. 
August  19.. 
March  19.. 
August  20... 
March  19.  . 

August  22.. 
August  21.. 
April  22.  . . 

April  27.  . . 

Sept.  24 . . . 

Juno  2 

April  28. . . 

April  20 . . . 

Date  of  Commitment 

Year 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

1909 

Month 

January  15.. 
January  15. . 
January  17. . 
January  22. . 
January  26. . 
January  27. . 

Januaiy  30. . 
January  7.. 
January  4.. 
January  31. . 
January 
January  30. . 
.lanuary  22. . 
Fcbruar.v  3. . 
February  20. 
February  20. 
February  20. 
February  20. 
February  21. 
February  20. 

February  23. 
February  22. 
February  22. 

I'ebruary  27. 
March  25. . . 

April  3 

March  28.  . . 
March  22.  . . 

Length  of 

Sentence 

6 months. 
6 months.. 
6 months.. 
6 months. 
6 months. 
6 months. 

6 months. 
6 months. 
0 months. 

6 months. 

0 months. 

0 months. 
0 months. 

0 months. 
G months. 

G months. 

0 montlis. 
G months. 
(>  months. 
G months. 

6 months. 

G months. 
G month.s. 

G months. 

G months. 

2 months. 

1 month... 

1 month... 

Magistrate 

Harris 

Harris 

Crane 

Cornell 

House 

Krotel 

IIou.se 

Krotel 

Krotel 

House 

House 

House 

House 

Hteinert 

Cornell 

Cornell 

Corrif^an 

Corrigan 

Corrigan 

Corrigan 

Corrigan 

(^)rrigun 

Corrigan 

(gorri^an 

(^)rncll 

(Cornell 

CoiTigan 

Cornell 

Court 

Fifth  District 

Fifth  District 

Fifth  District 

Seventh  District 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Fifth  Di.strict 

Seventh  Districi 

Seventh  District 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Court 

Night  Courl 

Seventh  District 

Seventh  District 

Seventh  District 

TABLE  "XV.— Continued 


Statistics 


221 


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TABLE  XV. —Concluded. 


222 


The  Social  Evil  in  New  York  City 


>» 

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Census  of  One  Hundred  and  Twenty-nine  Tenements  Where  Disorderly  Conditions  Prevailed 

January,  February,  March,  April,  1909 


Statistics 


223 


(§W1 


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Prosecution  op  Disorderly  Houses  in  Manhattan  in  Court  of  Special  Sessions,  January  1st,  1906  to 


224 


The  Social  Evil  in  New  York  City 


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TABLE  'K.Vll— Continued. 


Statistics 


225 


a 

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a>  V V 

a a a a a 

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226 


The  Social  Evil  in  New  York  City 


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Statistics 


227 


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Disorderly  Houses  in  Manhattan  According  to  Reports  of  Police  Precinct  Captains  from 
September  1st,  1908,  to  March  1st,  1909,  and  Personal  Investigation  of  Same 
From  January  1st,  1909,  to  May,  1909. 


228 


The  Social  Evil  in  New  York  City 


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Statistics 


229 


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Prosecutions  of  Disorderly  Raines  Law  Hotels  and  Saloons  in  Civil  and  Criminal  Courts, 

January  1st,  1906,  to  August  31st,  1909. 


Statistics 


231 


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232 


The  Social  Evil  in  New  York  City 


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TABLE  'X.Xl— Continued. 


Statistics 


233 


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TABLE  XXI — Continued. 


234 


The  Social  Eyil  in  New  York  City 


>>  ? 
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TABLE  XXI— Continued. 


Statistics 


235 


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Continued, 


236 


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TABLE  XXl— Concluded. 


Statistics 


237 


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Disordekly  Raines  Law  Hotels  in  Manhattan  and  The  Bronx  According  to  Reports  of  Police  Precinct 
Captains,  from  September  1st,  1908,  to  March  1st,  1909,  and  Personal  Investigation 
OF  Same  from  March  1st,  1909,  to  May  31st,  1909. 


238 


The  Social  Evil  in  New  York  City 


£ -2 

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as  1 ^ 


-The  reporta  did  not  contain  any  addresses  of  Disorderly  Baines  Law  Hotels  in  the  following  precincts : 2,  6,  7,  8,  10,  12,  13,  14,  16,  17,  18,  26,  28, 


Disorderly  Raines  Law  Hotels  and  Saloons  in  Brooklyn,  According  to  Reports  of  Police  Precinct 
Captains  from  September  1st,  1908  to  March  1st,  1909  and  Personal  Investigation  of  same 

From  March  1st,  1909  to  May  31st,  1909. 


Statistics 


239 


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(1).  The  reports  from  the  following  precincts  did  not  contain  any  addresses  of  places  where  immoral  or  dissolute  persons  congregate : 104,  144,  146, 
147,  148,  151,  162,  155,  156,  157,  158,  161,  162,  163,  164,  166,  168,  171,  172,  173,  182,  184. 


240 


The  Social  Evil  in  New  York  Citt 


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242 


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bation 

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84 

1 

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Prost. 

: : 

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: : 

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: 

ill 

Ml 

No. 

265 

■ i 

:i 

;! 

YEAR 

From 

September  1,  1900 

1907  

1908  

Total 

Per  cent 

O 7 


ii 

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Disposition  of  Cases  Against  Men  Charged  With  Vagrancy  and  Disorderly  Conduct  in  the  Night  Court, 

Second,  Fourth,  Fifth  and  Seventh  District  Courts, 

January  1st,  1909  to  August  31st,  1909. 


Statistics 


243 


'dTJTJ 
CU  O'  0) 
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40434043+0  . . . 43 43 +3 43 43 43 43  ,4343434343  .434343 

.3J3-3.3,j3  • • . ja Ja .3 -3 j3 -3 .3  j3.33;-3j  -iaxja  • 

bJ)  bJ3  bD  bJD  bD’3^’^  bD  hD^W  M W M M bp^^_tin3  ^bD  M bD^  ^3^' j 'bD'bD'bD'bD'bC 

ggggg(S^^i^S2SziSS?iSziiSS(NSS2^  SSSiSSzSS 


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bD  bD  bD  bD  bO 


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TABLE  XXVll— Continued. 


244 


The  Social  Evil  in  New  York  City 


TABLE  XKVW— Concluded. 


Statistics 


245 


m m 

3 3 
O O 
MM 
MM 

t->  1-4 

o o 


a>  03 
m m 
3 3 
O O 
MM 
MM 

U t~i 

o o 


cc 


(U  'M 

o w 
•M  O 
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TABLE  XXVIII. 


246 


The  Social  Evil  in  New  York  City 


a 

!z; 

o 

2; 

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K 

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o 

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o 

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p 

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05  05  Oi  O 


: • (N  o T}i  CO 

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2x22 


* The  Hpccific  charge  was  that  tlioy  lived  wliolly  or  partly  on  the  proceeds  of  prostitution  or  were  lookouts  ainl  solicitors  for  prostitutes. 


TABLE  XKVlll— Concluded. 


Statistics 


247 


d 

0)  <U 


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bD^ 
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tp  CP CP 


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bc  hfl  hi)  hD  ^ 


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IZItCMCECQ^iZI^iZIcnlZIlZ; 


248 


The  Social  Evil  in  New  York  City 


ts 

P 

i-i 

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'J'hc  data  wore  .separated  to  correspond  with  the  periods  before  an<l  after  the  pa-ssago  of  tlio  Midwifery  Law. 


Statistics 


249 


X 

X 

X 

CQ 

< 

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02 

Q 

K 

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m 

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3 05.2. 93. 2^. 2s. 2 

3^4^  O ^4^  4549  454^ 

S O)  CQ  CO 


250 


The  Social  Evil  in  New  York  City 


S 

S 

S 

o 

O 


X 

X 

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5 


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t fl 
oi  o 


vc-o 

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= o 


COUNTY  MEDICAL  SOCIETY  RECORDS  OF  HEALTH  DEPARTMENT  RECORDS 

PROSECUTIONS. 


Statistics 


251 


Q, 

S 


T5 

8 


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a1oo3  ol  , 
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^ o sS  9^c^j3.2  S b 
o+s^cdO  w c3e^  043  >>^r® 
CO CO ^ 


252 


The  Social  Evil  in  New  York  City 


T3 

I 

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o 

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X 

X 

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■g  O U.S! 

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§il 


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all 


A 

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53-i 


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1-2 

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■=i’'2 

£ E o 
te  0-9 
god 


Statistics 


253 


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s 

g 

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X 

X 

X 

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A 

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a 

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< 

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Q-^  S 1=1 
<! 


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olfS 


" rt-S-g 

«a:ag 


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OJ+s 
c3  ce^  w 

I'g^^ 

A ft 


i|| 

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o wv:i 
OtBlS 


>> 

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® 2 ^ 
bfl  9 2 
AS  2 


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III 


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dO  Orag 


A 

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O 

o 

H 

rt 

!>.  SS 
H g 
w2 

O g 
Mg 

J M 

< o 

o C2 

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Q ^ 


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m ^ 

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S-° 

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|i 

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M I H 

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'='>7;t  csa„.r®c3'2  c§d 

^ »o  «ao^f3^4^d= 

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Q rt  « cQ’d 


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254] 


The  Social  Evil 


IN  New  York  City 


O 

52 

o 

O 

X 

X 

ffl 

< 


HEALTH  DEPARTMENT  RECORDS 

Nationality 

German 

Unknown. 

Italian 

German 

■ 

Residence  . 

Tenement 

Unknown 

Tenement 

Tenement 

1 

Diploma 

New  York 
School  of 
Midwifery 

Unknown. 

Maternity 

Clinic  Roy- 
al Univer- 
sity of  Pa- 
lermo 

Columbia 

School  of 

Midwifery 

1 

i 

Permits 

No 

record 

30 

50 

Appli- 

cation 

Pend- 

ing 

8/2/09 

cq 

3.4 

Date 

upon 

which 

Denied 

- 

or 

Date 

upon 

which 

Granted 

4/21/09 

5/12/09 

1/20/09 

o 

o 

COUNTY  MEDICAL  SOCIETY  RECORDS  OF 
PROSECUTIONS. 

Disposition  of  cases 

No 

Dis- 

posi- 

tion 

o 

o 

Dis- 

charged 

Indicted  for 
manslaughter 
in  first  degree 
March  30/09 

CO 

U5 

Prison 

8 

months 

30  days 

00 

Fined 

$100  and 

100 

70.2 

Complaint 

Committing 
abortion 

Having  abor- 
tion drugs.. . 

Selling  abor- 
tion drugs.. . 

Offering  abor- 
tion drugs.. . 

Attempting 
to  commit 
abortion 

CJ 

o 

i 

Date 

1909 

Totals. 

1 

^ C»  1 

« g ^ ' 1 
§ «3  ; 

County  Medical  Society  and  Health  Depaetment  Recokds  of  Twenty-seven  Midwives  Who  Adveetised 
IN  Foeeign  Papees  and  Investigation  of  Same  in  May,  1909. 


Statistics 


255 


Mg'S 


C3  g 

^'8,2  P 

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Sc  2 S 


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a a a 


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|w||n 


g-rt 


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a 

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IM 

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3 aj  p3 

S i a 

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flJZ  > . 

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S-S  I 2 a a Sg'g  g-g 

p s c P.2  " a-o  flp 

:cQj« I a 


. hf 


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CO  TJH  CO 


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would 


256 


The  Social  Evil  in  Neav  York  City 


^.tj§ 

oil 

a a o 


o 

a 

o 

O C5 

o 

O Ci 

C5  S5  C5 

o 

o 

o 

o 

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o 

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ooo 

o 

o 

o 

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r^do 

3 

cq 

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CO 

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uoO 

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o 

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X 

X 

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w 

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< 

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HH 


a 

5 


^ « o 


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c a 


2 o 
c c 


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s ^ s 


°i~: 

o £v— 1 . - 

>-.^  U'^  i'l 


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cs  2 = 
> S-“ 


S'=2 

^Ph 


t’  HP 


HPP 


if  =.t|.l3  i 


tC|X 

•P  >> 
c c cj  o ' 
^ ,=  ^ 


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g 2 g sj 

cs[5  = o: 


o 6*d 


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This  midwife  advertises  under  two  names,  has  permit  under  one  only. 


Miscellaneous  Prosecutions  by  the  County  Medical  Society  on  Charges  of  Abortion  or  Illegal 
Practice  of  Medicine,  January  1,  1901  to  June  30,  1909. 


Statistics 


257 


ift 


o ^ CO 


3 2 ^ a 

lll-o 

■Mi 

OO  mu: 
^ fl  ^ 

^ a S P< 


: bfl 


aiSP-(S 


Mg  M: 
2^2 
"3  c!^ 

C.2  9 


c3  bfl  c3 
fcfi  fl  SJ3 

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a:0(/2 


2d 


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5<  a ^ ^ ^ ro  ^ o . rji 

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dpftJiSS-oflSSdgD" 

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f»  -"3  O ’3**-*“  •+^'3 

= °-3  o a'-g  o ° a ° S g fl 

'^'3^3‘J3on-0«§a^*C_Qo 

2.2rtt:.2jl3.^.2«S3d-2: 

g g.SrfJ  M.S  gj  g.s.s.S 

a ft.2  M ::  .5  S 0,  O'Q.  Q. 

^ S'C  a'd.S  c3  d d d S d, 

bC  bD  > S:d  ^ d bD:d  bX)  <0  4^;d- 
0)  »g  ori  a)+f:gd3 

0=3  0=2 o 
H M <1 0 CO  02  Q S CC  hH  <i  "<  c/3 


2q 

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■a.s.2.2-p  fe.2 

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po  pp  p 


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a •'o  a d d'S  j a 
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TABLE  XXXII— ConcZttded. 


258 


The  Social  Evil  in  New  York  Citt 


Disposition  of  Cases  of  Rape  in  Court  of  General  Sessions  and  by  Grand  Jury 
January  1st,  1906,  to  June  30th,  1909. 


Statistics 


259 


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260 


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Disposition  of  Cases  of  Kidnapping  in  Court  of  General  Sessions  and  by  Grand  Jury 

January  1st,  1906,  to  June  30th,  1909. 


Statistics 


261 


262 


The  Social  Evil  in  New  York  City 


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Age,  Nationality  and  Occupation  op  Men  Convicted  of  Abduction  in  Court  of  General  Sessions. 

January  1st,  1909  to  June  30th,  1909. 


Statistics 


263 


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INDEX 


Abduction:  penalties,  xxiii;  responsibility  for  enforcement,  xx;  remedies,  xxx; 
provisions  of  law,  120;  record  of,  122. 

Abortion:  penalties,  xxii;  responsibility  for  enforcement,  xix;  remedies,  xxx; 
prosecutions,  102;  rates  for  and  prevalence  of,  108;  number  of.  111;  records 
of,  112;  physicians  and,  112;  druggists  and,  113;  text  of  law,  185. 

Adultery:  "fiialties,  xxii;  responsibility  for  enforcement,  xix;  provisions  of 
law,  99;  record  of  cases,  99;  enforcement,  100. 

Advertisements:  remedies,  xxx;  of  massage  parlors,  32;  of  midwives,  107;  of 
abortion  drugs,  114. 

Amusement  Parks  and  Resorts:  remedies,  xxYdi;  conditions  in,  56;  summary 
of  conditions,  59. 

Assault:  reference  to  provisions  of  law,  124. 

Association  of  Neighborhood  Workers:  investigation  of  midwifer}',  102. 

Association  of  New  York  Dancing  Te.vchers:  opposition  to  regulation,  58. 

Athletic  Clubs:  the  social  evil  and,  63. 

Board  of  Aldermen:  recommendations,  nknyt;  powers,  23;  neglect  of  powers 
in  relation  to  disorderly  places,  35;  sanitary  code  pro'visions,  36. 

Board  op  City  Magistrates  : recommendations,  xxxvi;.  need  of  uniformity  of 
treatment  recognized  by,  76. 

Board  op  Health:  massage  parlors  and,  32;  public  nuisance  and,  36;  regulation 
of  midwives,  101,  103;  sale  of  drugs  and,  119. 

Brewers:  methods  used  by,  50;  responsibility  for  conditions,  51;  co-operation 
to  improve  conditions,  51. 

Bureau  of  Licenses:  dance  hall  law  and,  57;  marriage  license  law  and,  97,  98; 
employment  agency  law  and,  133. 

Business  Interests:  summarv  of,  22;  immorality  in  tenements  and,  IS; 
disorderly  houses  and,  33;  abortion  and,  112. 

“Cadets”:  summary  of  conditions,  xxHi;  remedies,  xxHii;  recommendations, 
xxxv;  system,  60;  development  of,  61;  street  gangs  and,  61,  62;  boxing 
clubs  and,  63;  influence  of,  64;  political  influence  and,  64;  methods  of,  65; 
conditions  of  women,  66;  compulsory  prostitution  and,  68. 

Cafes  and  Lunch  Rooms:  in  tenements,  17;  “Cadets”  and,  65. 

Call  Houses:  18,  129. 

Charter:  Board  of  Aldermen  and,  23;  Police  Department  and,  23. 

Child  Labor  Committee:  investigation  of  messenger  boj's,  126. 

Children:  in  tenements,  1,  12,  13;  street  gangs  and,  61. 

Children:  abduction,  120;  rape,  120;  kidnapping,  120;  endangering  life  and 
health  of,  125;  labor  of,  126;  messenger  boj’s,  126. 


Index 


265 


Civic  CoMinTTEEs:  tenements  and,  21. 

Cocaine:  remedies,  xxx;  law,  116;  record  of  sales,  117;  prevailing  conditions,  118. 

College  Settlements  Association:  investigation  of  employment  agencies, 
131. 

Commissioners  op  Accounts:  investigation  of  night  court,  76,  85;  report  on 
use  of  probation,  83. 

CoMmssiONEB  OF  CORRECTIONS:  effect  upon  tenement  house  law,  15;  effect  upon 
vagrancy  laws,  74;  report  on,  76. 

Committee  of  Fifteen:  recommendations  of,  xi;  2. 

Committee  of  Fourteen:  Research  Committee  studies,  8;  the  Excise  Law  and, 
42;  Raines  Law  Hotel  and,  45;  records  of  Raines  Law  hotels,  45;  article 
by  chairman  of,  47. 

Committee  on  Amusements:  dance  halls  and,  54;  remedies  by,  59;  program 
of  work  of,  59. 

Compulsory  Prostitution  : summary  of  conditions,  xxvii;  recommendations, 
xxxv;  provisions  of  laws,  68;  failure  of  laws,  69,  73. 

County  Medical  Society:  prosecution  of  midwives,  102,  112. 

Courts:  attitude  toward  social  evil,  15,  49. 

Court  Decisions:  on  excise  matters,  46;  on  vagrancy,  74,  75;  on  abortion  and 
midwifery,  110. 

Dance  Halls:  summary  of  conditions,  xxvii;  remedies,  xx-vdi;  provisions  of  law, 
53;  prevailing  conditions,  57;  methods  and  description  of,  54,  57;  sale  of 
liquor  and,  54,  57;  Raines  Law  hotels  and,  55,  60;  dancing  academies,  56; 
enforcement  of  law,  58;  “Cadets”  and,  65;  children  in,  125. 

Department  of  Buildings:  law  regulating  hotels,  39;  dance  halls,  57. 

Department  op  Licenses:  133. 

Disorderly  Conduct:  summary  of  conditions,  xxviii;  remedies,  xxviii;  cases  in 
1907,  27;  cases  in  1909,  29;  provisions  of  law,  72;  disposition  of  cases  of 
men,  73;  of  women,  73. 

Disorderly  Houses:  summary  of  conditions,  xxvi;  remedies,  xxvi;  in  tene- 
ments, 9;  disorderly  place  law,  22;  disorderly  person  law,  22;  as  a public 
nuisance,  22;  conditions  in  1907,  24;  methods  of,  24;  sitting  in  company  in, 
25;  methods  of  suppression,  25,  26;  protection  of,  26;  actions  against,  27; 
police  records  and,  27;  prevailing  conditions,  29,  33;  changes  in  methods,  30; 
massage  parlors  and,  31;  supply  and  demand  for,  33;  business  interests  and, 
33;  rules  of  evidence,  35. 

Druggists:  abortion  and,  112,  113;  sale  by,  116. 

Drugs:  use  of  in  abortion,  112;  sale  of  drugs  law,  116;  sale  to  messenger  boys, 
128. 

Employment  Agencies  : recommendations,  xxxv;  provisions  of  law,  130;  record 
of  law  enforcement,  133. 

Endangering  Life  and  Health  of  Child  : provisions  of  law,  125. 

Evidence:  rule  in  tenement  house  law,  14;  in  disorderly  house  law,  35;  tech- 
nicalities in  Liquor  Tax  Law,  49;  ride  in  abortion,  109. 

Excise  Department:  organization  and  duties,  40;  actions  by,  41;  division  of 
responsibility  of,  45,  46,  50;  inefficiency  of,  46,  48. 


266 


The  Social  Evil  in  New  York  City 


Gangs:  social  evil  and,  61,  62. 

Immigration  Commission  (Federal)  : investigation  of  employment  agencies, 
133. 

Immigration  Commission  of  New  York  State:  testimony  on  rentals  for  dis- 
orderly places,  34;  investigation  of  employment  agencies,  133. 

Immigration  Department  (Federal)  : investigations,  25;  decision  xmder  immi- 
gration law,  30. 

Immigrants:  in  cities,  xv;  in  tenements,  13;  midwives  and,  110. 

Indgstrial  Conditions:  “Cadets”  and,  65. 

Janitors:  in  tenement  houses,  20;  Janitors’  Society,  20. 

Kidnapping:  summary  of  conditions,  xxx;  remedies,  xxx;  pro-visions  of  law, 
120;  records  of,  121. 

Labor:  remedies,  xxxi;  unions,  126. 

Local  Improvement  Boards:  recommendations  to,  xxx-vi;  powers,  23;  rela- 
tion to  disorderly  places,  36. 

Liquor  Tax  Law:  summarj^  of  conditions,  xx\ii;  recommendations,  xxvii;  pro- 
■visions  of,  37;  police  records  on,  40;  court  records  on,  40;  defects  in,  47. 

Magistrates:  attitude  toward  social  evil  laws,  15,  35,  49,  86;  practices  in  va- 
grancy cases,  76;  probation  and,  81,  84. 

JIagistrates’  Courts:  recommendations,  xxxvi;  tenement  house  cases,  5;  dis- 
position of  cases  in  1907,  8;  in  1909,  8;  records  for  disorderly  houses,  29. 

Marriage:  summary  of  conditions,  xxix;  recommendations,  xxix;  compulsorj’- 
law,  69;  records  of  eases,  70;  failure  of  law,  70;  hcense  law,  94;  fraudulent, 
94;  registry  of,  94;  objections  to  license  law,  95. 

Marriage  Licenses:  “Cadets”  and,  68. 

Massage  Parlors:  recommendations,  xx\i;  in  tenements,  11;  disorderly  houses 
and,  31;  methods  and  extent  of,  31;  advertisements  of,  32. 

Medicine:  illegal  practice  of,  102. 

Messenger  Boys:  summarj^  of  conditions,  xxx;  recommendations,  xxxi;  pro- 
■visions  of  law,  126;  disorderly  houses  and,  127;  drugs  and,  128. 

Midmtfery:  summary  of  conditions,  xxix;  recommendations,  xxix;  investiga- 
tion of,  in  1907,  102;  regulations  bj’  Board  of  Health,  103;  records  and  pre- 
vailing conditions,  105;  regulations  of  hdng-in  hospitals,  107;  criminal 
practices,  108;  advertisements  for,  109;  as  a pubhc  nuisance,  110. 

Music  Halls:  Raines  Law  hotels  and,  40;  kinds  of,  44. 

New  York  Probation  Association:  report  of,  on  probation,  83,  85. 

New  York  Society  for  Prevention  of  Cruelty  to  Children:  enforcement 
of  laws,  123,  124,  125. 

New  York  Society  for  the  Suppression  of  Vice:  92,  112. 

Night  Court:  practices  of  magistrates,  76;  use  of  probation  in,  76,  81;  report 
on,  by  Commissioners  of  Accounts,  86;  defects  of,  87. 

Notaries  Public:  marriages  by,  95,  97. 

Nuisance:  recommendations,  xxvi;  law  defining,  23:  application  to  disorderly 
places,  29;  sanitarj-  code,  36;  niid-wiferj*  as  a public,  110. 


Index 


267 


Opium:  law,  116. 

Pabk  Commissionee:  dance  halls  and,  59. 

Penalties:  burden  of,  upon  women,  22,  36. 

Physicians:  abortion  and,  112. 

Pictures,  Immoral:  provisions  of  law,  93. 

Plats,  Immoral:  provisions  of  law,  93. 

Police  Department:  lack  of  co-operation  with  Tenement  House  Department, 
5,  16;  rules  and  regulations,  23;  Liquor  Tax  Law  and,  45,  47,  50. 

Police:  records  for  tenements,  5;  Tenement  House  Department  and,  9;  failure 
to  report  tenement  cases,  16;  charges  against  police  officers,  23;  records  for 
disorderly  houses,  28;  protection  by,  of  disorderly  houses,  34;  records  for 
hotels  and  saloons,  40;  inactivity  of,  in  excise  cases,  49. 

Post  Office  Regulations:  massage  parlors  and,  32;  transmission  of  obscene 
matter  and,  91. 

Probation:  summary,  xxviii;  recommendations,  xxviii;  tenement  house  cases, 
7;  Raines  Law  hotel  cases,  39;  charter  provisions,  78;  commission,  78,  79, 
80;  records  of,  80;  methods  and  prevailing  conditions,  81;  success  of,  83; 
report  of  New  York  Probation  Association,  83,  85;  finger  print  system  and, 
84;  in  the  night  comd,  85. 

Procurers:  disorderly  houses  and,  in  1907,  25;  the  “Cadet”  system  and,  60. 

Property  Owners:  summary  of  conditions,  xxvi;  recommendations,  xxvi; 
law  penalizing  tenement,  1;  evasions  of  law  by  tenement,  18;  as  bondsmen, 
19;  rental  of  disorderly  houses,  34. 

Protection:  police  in  tenements,  17;  in  rear  rooms  of  saloons,  21;  methods  and 
payments  in  disorderly  houses,  26,  34 ; of  Raines  Law  hotels  and  saloons,  49 ; 
political  influences,  with  reference  to  excise  conditions  and,  52. 

Publications:  obscene  articles  and  prints,  law,  90;  records  of  cases,  91;  pre- 
vailing conditions,  92. 

Raines  Law  Hotels:  summary  of  conditions,  xxvii;  recommendations,  xxvii; 
tenements  and,  21;  disorderly  houses  and,  30;  regulations  of,  37;  rise  of,  38; 
methods  of  conducting  business  in,  39;  police  records  on,  40;  court  records 
on,  40;  prevailing  conditions,  42,  43,  44;  Committee  of  Fourteen  and,  42,  45; 
dangers  of,  53;  dance  halls  and,  54. 

Rape:  recommendations,  xxx;  provisions  of  law,  120;  I'ecord  of  enforcement,  124. 

Real  Estate  Agents:  tenement  house  law  and,  19;  rental  of  disorderly  houses 
by,  34. 

Research  Committee:  recommendations  of,  xxxiv;  study  of  women  arrested,  8. 

Saloons:  recommendations,  xxvii;  tenements  and,  21;  disorderly  houses  and, 
30;  Raines  Law  hotels  and,  40;  prevailing  conditions,  43;  soliciting  in,  43; 
protection  of,  49;  dance  halls  and,  54. 

Seduction:  summary  of  conditions,  xxvii;  recommendations,  xxviii;  provisions 
of  law,  67;  records  on  cases,  67;  enforcement  of  law,  68. 

Soda  Water  and  Ice  Cream  Parlors:  in  tenements,  18. 

Special  Sessions  Court:  sentences  in  tenement  house  cases,  6;  liquor  tax 
cases,  41,  49. 

Stationery  and  Cigar  Stores:  in  tenements,  17. 

Surety  Companies:  co-operation  to  enforce  liquor  tax  law,  43,  52;  Committee  of 
Fourteen  and,  52. 


268 


The  Social  Evil  in  New  York  City 


Tax-Payees:  rights  of,  in  tenement  actions,  16;  in  liquor  tax  actions,  45. 

Telegraph  and  Telephone  Comp.anies:  disorderly  houses  and,  18;  law  regu- 
lating service  in  disorderly  houses,  126;  prosecutions  of,  127. 

Tenement  House  Department:  records  of,  3;  police  records  and,  5;  court 
■ records  and,  6;  inefficiency  of,  13,  16,  22;  failure  of  police  to  report  to,  16. 

Tenement  Houses:  summary  of  conditions,  xxv;  recommendations,  xxvi;  law, 
1;  Committee,  2;  Commission,  2;  number  of,  4;  proceedings  against  owners 
of,  4;  massage  parlors  in,  11;  population  in,  12;  defects  in  law,  14;  inter- 
pretation of  law,  15;  evasions  of  law,  17;  evasions  of  law  by  owners,  18; 
causes  of  failure  of  law,  21;  disorderly  houses  and,  30;  vagrancy  law  and,  71. 

Vagrancy:  recommendations,  xxviii;  law  and  disorderly  houses,  24;  cases  in 
1907,27;  cases  in  1909,  29;  provisions  of  law,  73;  modification  by  charter, 
71;  disposition  of  cases  of  men,  73;  of  women,  73. 

White  Cross  and  Social  Purity  League:  passage  of  law,  121. 

Woman’s  Municipal  League:  employment  agency  law  and,  131. 

Women:  burden  of  punishment  upon,  22,  36;  conditions  of,  under  “Cadet” 
system,  66;  compulsory  prostitution  of,  68. 

Workhouse:  records  in  tenement  house  cases,  6,  8. 


! 


\ 


